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GOVERNMENT 


IN 

OKLAHOMA 


S. M.^ARRETT, A. M. 
Professor of Science of Teaching 
in the University of Oklahoma, 

And 

Author of Barrett’s Practical Pedagogy, 
Geronimo’s Story of His Life, 
Mocco: An Indian Boy, 
Hoistah: An Indian Girl, 

Etc. 

[ Copyright, 191.% by 

The Warden Printing Company. 



WARDEN CO., OKLAHOMA CITY 


1913 






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State Agricultural and Mechanical College, Stillwater 










PREFACE 


In preparing this text I have had in mind the needs of the 
pupils in the elementary schools of Oklahoma. Many of 
these children may not attend high school and should there¬ 
fore receive proper training in citizenship before completing 
the elementary schools. 

It is the purpose of this text to develop in the children of 
Oklahoma some appreciation of membership in the state, and 
to acquaint them with the rights and duties arising from, 
such membership. 

S. M. BARRETT, 

Norman, Oklahoma. 




State Superintendent R. H. Wilson 












CONTENTS 


PART ONE 

NATURE OF SOCIETY AND GOVERNMENT 
Chapter I. 

The Individual and the Group. 

Chapter II. 

Political Government. 

PART TWO 

LOCAL GOVERNMENT 
Chapter III. 

School Districts. 

Chapter IV. 

Townships. 

Chapter V. 

Towns and Cities. 

Chapter VI. 

Counties. 

PART THREE 
STATE GOVERNMENT 
Chapter VII. 

Oklahoma Constitution. 




Government In Oklahoma. 


xii 


Chapter VIII. 

Executive Department. 

Chapter IX. 

Legislative Department. 
Chapter X. 

Judicial Department. 

Chapter XI. 

Eevenue and Taxation. 

Chapter XII. 

Suffrage and Elections. 
PART FOUR 

NATIONAL GOVERNMENT 
Chapter XIII. 

Constitution of the United States. 

Chapter XIV. 

Executive Department. 

Chapter XV. 
Legislative Department. 
Chapter XVI. 

Judicial Department. 

APPENDIX A. 

Rights of Individuals. 

APPENDIX B. 

Postal Information. 
GENERAL INDEX. 


PART ONE 


NATURE OF SOCIETY AND GOVERNMENT 


CHAPTER I. 

The Individual and the Group. 

Nature of Society. —No one lives to himself, but individu¬ 
als, men, women and children, everywhere are in some way 
associated together in groups. These various groups of peo¬ 
ple, associated for common interests and acting together for 
the general welfare, are called societies. The common ob¬ 
jects or ends for which individuals associate together in so¬ 
cieties or groups are very numerous. Included among the 
most prominent of these objects or ends are the production 
of food and clothing, the protection of property and persons, 
and the regulation of matters religious and educational in 
nature. 

These associations of individuals have existed from the 
earliest periods of history. In the earlier periods these 
groups were small because primitive man did not associate 
with any except members of his own family. Later, how¬ 
ever, the groups became larger, forming clans and tribes. 
Gradually, after long ages, these units or groups were ex¬ 
panded until a whole nation was included in one group or 
society and all the individual members of a society or nation 
worked together for the general welfare. 

In a social group or society, a member who interferes with 
the rights of others is restrained or punished by the group; 
one who respects the rights of others is approved by the 




2 


Government In Oklahoma. 


group, and one who sacrifices his rights or interests for the 
common good is praised or rewarded by the group. 

The Family Group. —The smallest social unit is the family 
—father, mother and children. Each member of the family 
has certain rights and duties and is in many ways dependent 
upon the other members of the group. 

The parents must provide food, clothing, shelter, and other 
necessities and comforts for the children, protect them from 
harm, and educate them. For this care and oversight the 
children owe obedience to the parents. When parents be¬ 
come old or infirm their children should care for them. 

The failure of a child to obey the parent may be a detri¬ 
ment not only to the child but to all other members of the 
group. Children have rights also which should be respected 
by every member of the family—property rights and person¬ 
al rights. 

Property Rights and Personal Rights. —If one child de¬ 
stroyed or injured the toys or books of another child he 
would thus show a disrespect for property rights; if he dis¬ 
turbed the other child’s rest or play he would thereby dis¬ 
respect his personal rights. In fact, if any member of a 
family acted without proper regard for the rights of others, 
the unity of the family would be decreased; if each member 
acted without regard to the rights of others, the family unity 
would be destroyed. In such a state of alfairs the common 
interests of the group would suffer and each individual 
would be affected. Thus in the family group, as in other 
societies, each member should respect the rights of others. 
The group should protect the rights of every individual. 

The School Group. —The school is a larger social unit than 
the family, but its organization is similar. The teacher, in 
the main, acts in the parent’s place. It is the teacher’s duty 
to govern and direct the pupils in the activities of school life. 

In return for help, care, and oversight given them by their 
teacher and by the other school authorities the pupils owe 
obedience to the teacher and to the general school regula- 


Socie:ty and Gove:rnment. 


3 


tions. Pupils should also show proper respect for the rights 
of each other. In a general way, each member of the school 
group is dependent upon the other members. To illustrate 
this principle, let us suppose that other members of this 
school were noisy. Under such circumstances, could you 
study so well? If other pupils took your books would you 
not thus be inconvenienced? On the other hand, if you 
failed to prepare your lesson properly you would require an 
extra amount of help from the teacher or require an undue 
amount of help or direction during the recitation period and 
thus interfere with the progress of the school. If you were a 
member of an athletic team and, by smoking or some other 
improper personal habit, injured your own physical powers 
you would no doubt thereby weaken the team and the group 
would perhaps suffer. It is your duty and the duty of each 
pupil in school, whether on the playground, in the class-room, 
or in any other school activity, to recognize the rights of 
others, and act so as to promote common interests. 

Other Groups.—The railroad, mine, club and church are 
examples of other social groups. The family, school, rail¬ 
road, mine, club, church, etc., each attends to matters within 
its particular group, but there are other duties or functions 
which extend beyond the powers of any of these and 
must therefore be regulated by a larger group. The dis¬ 
tribution of mail through the post offices is a good illustra¬ 
tion of such duties or functions. 

There sometimes arise disputes between the smaller 
groups, or between individuals and a group, which must be 
settled by a higher power or a larger group. 

Some members of a group at times will not regulate their 
conduct in accordance with the common interests; some 
groups and some individuals will frequently insist upon their 
rights but neglect their duties. Then a stronger power is 
needed to make proper adjustments. In such cases a larger 
group is necessary. The largest society or group is the state 
—a political unit. This unit furnishes protection to persons 


4 


Gove:rnme:nt In Oklahoma. 


and property. It prevents or punishes the wrongdoings 
both of individuals and of groups. 


Suggestive Questions 

What is Society? Why do people associate together in 
groups ? 

Why were social groups small in the primitive periods? 

Name several groups not mentioned in the text. State 
what common ends are found in each group mentioned. 

What rights have children in the family? What duties? 

What rights and what duties have pupils in a school? 

Why are larger groups than the family or school neces¬ 
sary? 

Individuals may, of course, insist upon their rights. Should 
they neglect their duties? 

If persons neglect their duties do they thereby forfeit 
some rights ? Give an illustration of a case where neglect of 
duties forfeits the rights of the individual in the group. 




Society and Government. 


o 


CHAPTER II. 

POLITICAL GOVERNMENT 

Membership in Groups. —It has been shown that each in¬ 
dividual is a member of some group, perhaps of several 
groups. You, for instance, are a member of at least two 
groups—the family and the school. Your father is perhaps 
a member of several groups—family, church, lodge, business 
firm, and he is also a citizen, that is, he is an active member 
of a large political unit—the state. 

Necessity for Rules. —If each member of a group could 
understand his rights and duties as others understand them 
and would act justly at all times there would be no need of 
rules. Not all individuals understand their rights and du¬ 
ties, and some persons are not willing to perform their full 
duty without coercion. Because of these conditions it be¬ 
comes necessary to have some rules for the control of every 
group. 

Political Government. —In the political groups these rules 
are called laws. They are enacted by the state or some sub¬ 
division of it, and are intended to secure peace and order. 
That part of the government which makes the laws is called 
the legislative department of government. 

As in the rules for the family or the regulations of the 
school, these rules or laws are for the benefit of the indi¬ 
vidual. In every case some provision is made for enforce¬ 
ment. The enforcing of laws is the function or duty of the 
executive department of government. 

Not every individual can fully understand all of these 
laws, and sometimes the executive officers themselves cannot 
interpret them. Rightly the state therefore provides a 
department to declare the meaning of law. This is known as 
the judicial department of government. The duties of the 


6 


Government In Oklahoma. 


officers of this department are to decide disputes and to inter¬ 
pret the law. 

Classes of Government. —The United States government 
exercises control oyer an area of nearly 4,000,000 square 
miles and governs more than 100,000,000 people. It can 
readily be seen that the general government could not at¬ 
tend to all the details in this vast territory or adjust the 
individual rights of so great a number of people because the 
conditions and needs vary in different localities. The United 
States has, therefore, provided three general classes of gov¬ 
ernment : local, *State, and national. 

Local Government. —The management and control of the 
affairs of the smaller political divisions are denominated 
local government. Local units of government include school 
districts, townships, towns and cities, and counties. These 
local governments have control of all purely local matters 
such as public education, relief of poor, streets, public health, 
municipal improvements, etc. The territory of the State is 
divided into counties and these in turn into townships, school 
districts, towns and cities. 

State Government. —Primarily, the State makes laws for 
the government of each of the smaller units. However, cer¬ 
tain lawmaking (legislative) powers are delegated to each 
of these smaller units. 

The State government extends the work of the local units 
and also performs such tasks as cannot be performed by 
these groups. The State maintains the University, Agricul¬ 
tural and Mechanical College, Isormal Schools, and various 
other educational institutions; regulates banking, insurance 
companies, and corporations; cares for defective and de¬ 
linquent children, and for the insane; has charge of the con¬ 
victed criminals, and in many ways serves the interests of 
individuals and of the group. 

*State is here used in a narrow sense, that is, one of the political 
divisions of the nation. Previously in this text it has been used in 
its broad sense, meaning the whole country or nation. 



Society and Government. 


7 


National Government. —The national government attends 
to matters which affect more than one State. It regulates 
our relations with foreign countries; commerce among the 
several states; manages the postal system, and controls the 
national territories and the public lands. 

The national government also controls the affairs of cer¬ 
tain Indian tribes, and assists the several states in promot¬ 
ing vocational training in educational institutions. In a 
general way, this unit of government directs the larger af¬ 
fairs of the people, and of the smaller political units. 

Citizenship. —A citizen is one who is recognized as a mem¬ 
ber of the state or nation, and as such has certain rights and 
duties. An alien, in this country, is a citizen of another coun¬ 
try living in the United States. He has certain duties, but 
not all the rights of a citizen. 

An alien in the United States may become a citizen by 
being naturalized. Before he can be naturalized he must 
have resided in this country for five years and must have de¬ 
clared his intentions at least two years and not more than 
seven years before he can be naturalized. In becoming 
naturalized he renounces allegiance to his former country 
and swears allegiance to the United States government. 

Adult citizens have both civil and political rights. The 
former are such rights as affect an individual in his person 
or property; the latter include the right to share in the gov¬ 
ernment—to vote and to hold office. 

Every citizen owes the duty of service to the state. This 
service includes paying taxes, military service, and patriotic 
support of the government in obeying and assisting to en¬ 
force the laws. Acting for charity, education, or social 
improvements, is no less patriotic than military service. 

Political rights are not given to women in all States but 
the number of States giving equal political rights to each sex 
is increasing. 


8 


Government In Oklahoma. 


Suggestive Questions 

To what groups do you belong? To what groups does 
your father belong? Your mother? 

Why are laws necessary? 

What is the State? 

What is the executive department of government? The 
judicial department? The legislative department? 

What are the several classes of government? Give the 
general functions of the State. 

What are civil rights? Political rights? 

What is an alien? A citizen? 

Name the most important duties of a citizen. 

What rights have citizens? (See Appendix A) 




PART TWO 


LOCAL GOVERNMENT 


CHAPTER III. 

School Districts 

Common School District. —Common school districts in Ok¬ 
lahoma are, in the main, the rural districts—districts outside 
of cities of the first class. 

The officers of the common school district are director, 
clerk and treasurer. These three officers constitute the 
board of education for the district. Their duties are to em¬ 
ploy teachers, purchase supplies for the school, and repair the 
school property when necessary. They also keep the records 
of the district, have charge of school funds, and in a general 
way administer the affairs of public education. These of¬ 
ficers are elected by the voters of the district. Each of these 
officers serves for a term of three years—one elected at each 
annual school meeting. 

In school district meetings women over twenty-one years 
of age, if citizens and residents of the district, are entitled to 
vote. 

Separate Schools. —Separate schools are maintained for 
white and colored children in all districts in our State, but 
the educational advantages provided are required by law to 
be equal. No white child may attend a colored school, and no 
colored child may attend a school for white children. Col¬ 
ored, as used in Oklahoma law, signifies persons of African 
descent. 




10 


Government In Oklahoma. 


School Taxes. —The school board may levy, annually, a 
tax of five mills on the dollar valuation for the support of the 
common schools. This rate of taxation may be increased in 
any district, not to exceed ten mills on the dollar valuation, 
by a majority of the qualified voters of the district voting at 
an election held in the district. 

Annual School Meetings. —An annual school meeting is 
held in each school district in this State on the first Tuesday 
in June of each year. At this meeting school officers are 
elected, tax levies fixed, and the length of school term as well 
as many other questions may be determined. 

The length of school term must be at least three months. 
The law provides that every child in the State must attend 
school for a term of at least three months. This period of 
compulsory attendance may be fixed by the school board of 
the district at any period from three to six months in length. 

School Funds. —The district may vote a tax levy for build¬ 
ing a school house or may issue bonds for that purpose. 
These funds or bonds, however, must be voted by the tax¬ 
payers of the district. 

The State and county may also levy taxes for the support 
of the common schools. Eevenues derived from school land 
funds, rental of school lands, or interest on loans made from 
permanent school funds are placed in a school fund which is 
apportioned among the districts according to scholastic 
population. 

Public School Libraries. —The law of the State requires 
that the school board of each school district “shall desig¬ 
nate, set apart and appropriate” funds for the purchase of 
books and periodicals for a public school library for the dis¬ 
trict. In a district employing only one teacher the amount 
is not less than five dollars nor more than ten dollars. In 
districts employing more than one teacher the designated 
amounts are larger. 

Consolidated School Districts. —Whenever two or more 
districts wish to unite for the purpose of establishing a grad- 




Locai, Government. 


11 


ed school they may do so by a majority vote of the qualified 
voters of the districts at an election called for that purpose. 
In any union, graded, or consolidated school district that has 
been formed for a term of not less than six scholastic months; 
has employed at least three teachers, and has an actual at¬ 
tendance during the said term of not fewer than one hundred 
thirty scholastic pupils residing within the said consolidated 
school district and has already constructed and furnished a 
suitable building of hot fewer than three rooms, the State 
will, upon approval of the State Superintendent, grant a sum 
equal to not more than one half the cost of the building: 
Provided, that the total amount given by the State to any sin¬ 
gle consolidated district is not more than twenty-five hun¬ 
dred dollars. 

Any district of not less than twenty-five square miles area, 
that meets the requirements for consolidated school dis¬ 
tricts may receive this aid also. 

The funds for this assistance to consolidated or graded 
rural schools are derived from the sale of certain public lands 
(Section 33, Old Greer County) and also the accrued rentals 
therefrom. This fund is known as the Consolidated School 

District Fund. 

Annual meetings, taxation, board of education, and all ad¬ 
ministrative matters in consolidated districts are governed 
by the laws for common school districts. Boards of educa¬ 
tion in consolidated or graded schools must provide suitable 
transportation to and from school for all pupils living one 
and one-half miles or more from the school-house. 

City School Districts.—In city school districts the board 
of education consists of two members from each ward. 
There are also two members from added territory (if there 
be added territory) provided such territory has a population 
equal to that of any one ward of the city. City school board 
members are elected for two years, one from each ward each 


year. 


12 


Government In Oklahoma. 


The treasurer of a city school district is an officer elected 
from the city at large. He is not a board member. He has 
charge of the school funds, but must make monthly reports 
to the board. Boards of education in cities of the first class 
may levy a tax, not to exceed in any one year, twenty mills 
on the dollar valuation. 

City school district boards shall meet on the first Monday 
of each month but may meet oftener. 

Annual elections in city school districts are held at the 
same time that city elections are held, but separate ballots 
are provided. 

Boards of education in cities elect a superintendent of 
schools, president and secretary of the board, and perform 
such other duties as the law provides for boards of education 
in common school districts. Boards of education in cities of 
the first class also authorize the certification of teachers, but 
common and consolidated school district boards have no such 
authority. 

Injury to School Property.—The law provides a penalty, 
not less than ten dollars nor more than fifty dollars, for each 
and every wilful injury to school property in any school 
district. 


Suggestive Questions 

What are common school districts? Consolidated school 
districts? City school districts? 

How are revenues for schools derived? 

When are annual school meetings held? Who may vote 
at these meetings ? 

How may two or more school districts be united? Under 
what conditions will the State pay for part of the cost of con¬ 
structing a school-house in consolidated school districts? 

How many school officers in a common school district? 
In a city school district? How and when elected in each 
case? 



Locai, Government. 


13 


CHAPTER IV. 

TOWNSHIPS 

In all States, except in the far west and in the south, each 
county is subdivided. The subdivisions are called towns or 
townships—towns in New England but townships in the Mid¬ 
dle West. In Oklahoma they are termed townships and in 
turn are subdivided into road districts. 

Congressional Townships. —A congressional township is 
not a division of local government. It has no officials, 
or political powers. The congressional township was cre¬ 
ated by Congress, soon after the Revolutionary War, when 
the western lands (west of the Allegheny Mountains) were 
to be surveyed. These lands were to be opened to settle¬ 
ment, but before this could be done some method had to be 
selected by which to fix and describe boundaries. The plan 
selected is illustrated on following page. 

Explanation of Plan. —First a line, marked AB, was es¬ 
tablished running north and south. This line was called a 
principal meridian. Next another line, marked CD in the 
plan, was established running east and west at right angles 
to the principal meridian. This was called the base line. 
North and south lines called range lines were run six miles 
apart on each side of the principal meridian. East and west 
lines called township lines were run six miles apart on each 
side of the base line. In this way all the land was divided 
into congressional townships each six miles square. 

The numbers on the principal meridian (AB) indicate the 
township lines, while those on the base line (CD) indicate 
the range lines. The location of a township is indicated by 
the position of its range and township lines. Thus the town¬ 
ship marked 0 is Township 4 South, Range 6 West. This 
means that it is a township 18 miles south of the base line 


14 


Government In Oklahoma. 


north 

A 


WEST C 












10 




















9 




















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7 




















6 




















5 





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10 

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10 











D EAS 


B 

OU TH 


and 30 miles west of the principal meridian. The township 
marked X is Township 5 North, Range 6 East. 

Each township is divided into thirty-six parts called sec¬ 
tions; each section'contains one square mile, or 640 acres. 
Each section is divided into four parts of 160 acres each 
called quarter sections. Sections are numbered from one to 
thirty-six as indicated in the plan on the following page. 

Explanation of Plan.—The quarter section marked 0 in 
plan is the north-east quarter of section thirteen. The one 
fourth of a quarter section, or forty acres, marked X in plan 
is the south-east quarter of the north-west quarter of section 
twenty. 

Municipal Townships.—Municipal townships are areas of 
local government. The chief powers of a township are vest¬ 
ed in a township board consisting of three members—trustee, 
clerk and treasurer; two justices of the peace, and usually a 
constable for each justice of the peace. 









































Local Govlrnmlnt. 


15 


WEST 


M O R T H 


6 

5 


3 

2 

I 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

19 

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5° 

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21 

22 

23 

29 

X 


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30 

z<? 

28 

27 

26 

25 

3/ 

32 

33 

3‘i 

35 

36 


SO U T H 


EAST 


The trustee is chairman of the township board; the clerk 
keeps the records of the district, and the treasurer controls 
the township funds. These men seldom meet more than four 
times during the year, and as a rule only for a short session. 
A justice of the peace has jurisdiction coextensive with the 
county in examining and committing felony cases, and in 
civil action where the amount involved does not exceed 
$200.00. The justice of the peace never has jurisdiction in 
cases of libel or slander. The office of constable in the town¬ 
ship is similar to that of sheriff in the county. He serves 
writs, and enforces the decisions of the justice of the peace. 

The township is subdivided into road districts. For each 
road district a road overseer is elected. 





















16 


Gove:rnme:nt In Oklahoma. 


Suggestive Questions 

How many municipal townships in your county? 

Name them. What is the average size of these townships ? 

State the difference between a municipal township and a 
congressional township. 

Give the numbers of the quarter section on which your 
home is located. Of the forty acres on which the school- 
house is located. 

Name the officials of a municipal township and state the 
chief duties of each. 


Locai, Government. 


17 


CHAPTER V. 

TOWNS AND CITIES 

There are no villages recognized in Oklahoma government. 
Densely populated communities are incorporated as towns 
and cities; those of fewer than two thousand inhabitants are 
called towns ; those of two thousand or more than two thous¬ 
and inhabitants, when properly organized, are called cities 
of the first class. 

Towns. —No special population is required for the incor¬ 
poration of towns. After the first preliminary steps in 
organization, the town is recognized by the county commis¬ 
sioners to be a legal municipality. 

The town is divided into at least three, but not more than 
seven, districts or wards. Each district elects one trustee, 
and these trustees elect one of their own number as presi¬ 
dent. The president of the board of trustees thus becomes 
the chief executive of the town. The board of trustees con¬ 
stitutes the town’s legislative assembly. 

The other principal officers of the town are clerk, treas¬ 
urer, marshal, and justice of the peace. Elections are held 
on the first Tuesday in April of each year. 

The powers of the initiative and the referendum are re¬ 
served to the people of each town. 

Cities. —A center of population containing two thousand 
or more inhabitants, when properly organized, is declared by 
the governor to be a city. 

Cities are divided into at least four wards for governmen¬ 
tal purposes. These wards serve as election precincts and 
as the basis of representation in the city council. Each ward 
is entitled to two councilmen, each elected for a term of two 
years, one councilman from each ward at each annual elec¬ 
tion. 


18 


Government In Oklahoma. 


The city council has power to change the boundaries of 
wards. 

The Mayor. —The chief executive officer of a city is called 
the mayor. The mayor has power to suspend other city of¬ 
ficials for incompetency or neglect of duty, until such time 
as the council may take action thereon; to appoint commis¬ 
sioners of park, water, sewers and light, city physician, po¬ 
lice (except chief of police), and such other officers as are 
needed. He is the presiding officer of the city council and 
exercises the right of veto over its enactments. With the 
consent of the council, he may grant reprieves and pardons 
for offenses against city ordinances. His salary, which is 
fixed by ordinance, is generally small and in many cities 
throughout the state no compensation whatever is provided. 

City Clerk. —The city clerk keeps the records of the pro¬ 
ceedings of the council and of all monies disbursed form the 
city funds. He must sign all orders to pay money out of 
the city treasury. He also collects dog tax, occupation taxes, 
and other special taxes created by ordinance. 

City Treasurer. —All funds belonging to the municipality 
are under the control of the treasurer. General taxes are 
collected by the County Treasurer and paid over to the City 
Treasurer, through whose office they are disbursed. 

City Attorney. —The city attorney, in regard to the legal¬ 
ity of acts in the discharge of their official duties, is the legal 
advisor of all city officials. It is his duty to bring action in 
courts in the name of the city when necessary; to defend all 
lawsuits against the city, and to prosecute offenders tried in 
the police court. 

City Marshal. —The city marshal is usually called chief of 
police. He has general oversight of the peace of the city, 
and he is subject to the orders of the mayor only. 

Street Commissioner. —The street commissioner has charge 
of the sidewalks and streets of the city. He has general 
supervision of all thoroughfares within the city limits and 
attends to all repairs and improvements thereon. 


Local Government. 


19 


City Council. —The chief legislative authority of a city is 
vested in its council. In case of a tie the mayor has a right 
to vote. 

The city council has power to levy taxes, audit accounts 
against the city, impose license taxes, erect public buildings, 
and direct or control public utilities. The public utilities 
most commonly under the control of the city are water, light 
and electric plants; street railways, public parks, drains and 
sewers. A city may, however, engage in any business or 
enterprise which may be engaged in by a private person, 
firm or corporation. 

Police Judge. —The police judge is vested with the judi¬ 
cial authority to decide all cases of petty offences against 
the peace and dignity of the municipality. 

Justice of the Peace. —In cities of more than twenty-five 
hundred inhabitants, two justices of the peace are elected. 
Justices of the peace, however, are elected at the county 
elections instead of at the city elections. Their jurisdiction 
is coextensive with the county boundaries instead of with 
the city boundaries. Cities of less than twenty-five hundred 
population elect one justice of the peace. In larger cities, 
additional justices of the peace may be elected. 

Constable. —One constable is elected for each justice of 
the peace chosen. His duties, in the main, are to enforce the 
orders of the justice court, and to preserve the peace of the 
district. 

Initiative and Referendum. —Through the initiative, the 
voters of a city have power to enact or enforce the enact¬ 
ment of ordinances. By the referendum the voters have 
power to reject ordinances passed by the council. Petitions 
for initiative or referendum in cities must contain the sig¬ 
natures of twenty-five per cent of the total number of voters 
in the city. 

Commission Form of Government. —The form of govern¬ 
ment already described is called the aldermanic form of gov¬ 
ernment. Cities containing two thousand or more inhabi- 


20 


Government In Oklahoma. 


tants may adopt the commission form of government as fol¬ 
lows : First, a committee of freeholders (men who own real 
estate) is elected to draw up a charter for the city; Second, 
this charter is submitted to a vote of the people; Third, after 
adoption by a majority vote of the people, the charter is sub¬ 
mitted to the Governor for his approval; and Fourth, after 
the Governor approves the charter one copy is filled with the 
Secretary of State, one with the Kegister of Deeds of the 
county in which the city is located, and another in the arch¬ 
ives of the city. 

Commission government abolishes all ward representation 
and substitutes a commission or committee of men (usually 
three or five in number) to direct the affairs of the city. The 
members of this commission are paid regular salaries and 
devote their entire time to the city’s interests. 

Many cities in Oklahoma have adopted (1912) the com¬ 
mission form of government. 

Under this form of government the commissioners are 
elected, but all subordinates are appointed by the heads of 
departments. The number of officers to be elected (commis¬ 
sioners, etc.) and the departments of city government to be 
established depend of course upon the provisions of the ad¬ 
opted charter. 

Amendments to a city charter are usually offered by a pe¬ 
tition signed by twenty-five per cent of the voters and con¬ 
firmed by a majority vote. However, the methods of pro¬ 
posing and adopting amendments vary in different cities. 


Suggestive Questions 

How many wards in a town ? 

Name the principal officers of a town. 

When are annual town elections held? 

How many wards in a city of the first class ? 

What are the duties of the mayor? City clerk? City 



Local Government. 


21 


treasurer? City attorney? City marshal? Street Commis¬ 
sioner? 

How many councilmen elected from each ward? 

Name the chief powers of the city council. 

What are the duties of the police judge? Justice of the 
peace? Constable? 

How and for what purposes may the initiative and referen¬ 
dum be used in cities ? 

What is meant by commission form of government? 

Under the commission form of government what officers 
are elected? What officers are appointed? 

Under commission form of government, how are city chart¬ 
ers usually amended? 


22 


Gove:rnment In Oklahoma. 


CHAPTER VI. 

Counties 

States are divided into ^counties for convenience in local 
government. Counties in the same state are usually about 
the same size, but vary greatly in different states both as to 
area and population. 

Oklahoma has 77 counties, and the State has a population 
(1910) of 1,657,155. The area is 70,470 square miles. In 
other words, the land area of an average county In Oklahoma 
is a little less than a thousand square miles. The population 
of an average Oklahoma county is approximately twenty 
thousand. 

These counties, except Harmon and Cotton counties which 
were organized later, are designated and described in Arti¬ 
cle XVII of the State constitution. The city in which the 
county officials have their offices is called the county seat. 

The principal officers of the county in Oklahoma are Coun¬ 
ty Judge, Sheriff, Attorney, Treasurer, Register of Deeds, 
Surveyor, Assessor, Superintendent of Public Instruction, 
Weigher, Board of Commissioners (three members), and 
Clerk of the District Court. 

County Judge.—The Judge of the County Court must be 
a qualified voter, a resident of the county, and a licensed 
lawyer. He is provided with a clerk whom he appoints. 
This court has original jurisdiction in all probate matters 
and concurrent jurisdiction with the district court in civil 
cases in any amount not exceeding one thousand dollars, ex¬ 
clusive of interest. The County Judge also holds juvenile 
court. The County Court has no jurisdiction in cases of ac¬ 
tion for alimony or divorce, slander or libel, or against any 
officer for misconduct in office. 

*Couiities exist in every state except Louisiana, where districts and 
parishes prevail. 



Local Govlrnmlnt. 


23 


Sheriff.—The Sheriff is purely an executive officer. His 
duties are to arrest criminals, have charge of juries, witness¬ 
es and prisoners, and to attend court and serve writs of 
county, district, and justice courts. 

Attorney. —The County Attorney is the legal advisor of all 
county officials, and represents the county in all lawsuits to 
which the county is a party. He prosecutes criminal cases 
(in the name of the State) which arise within his county. 

Clerk. —The County Clerk must attend sessions of the 
Board of County Commissioners; keep the seal, records and 
papers of the board; sign and attest their records of proceed¬ 
ings and their orders. He is bookkeeper for the county, and 
draws county warrants on the County Treasurer for all mon¬ 
ey paid by the county. 

Treasurer. —The County Treasurer collects all taxes, re¬ 
ceives all money due the county, and pays out money for the 
county when properly authorized to do so. 

Register of Deeds. —The Register of Deeds keeps a record 
of all deeds, mortgages, leases, and in fact of everything 
that in any way pertains to real estate titles or chattel mort¬ 
gages. He also records charters of cities, etc. 

Surveyor. —The duties of the County Surveyor are to sur¬ 
vey public improvements, such as plans for roads; also town- 
sites, etc., within his county. 

He receives only a small salary from the county. As his 
full time is not required by the county his other remuner¬ 
ation comes from private employment. 

Assessor. —The Assessor makes or supervises all assess¬ 
ments of property in the county and receives a salary de¬ 
pending upon the total asessed valuation of the county. 

Superintendent of Public Instruction. —The County Super¬ 
intendent has general supervision of all school instruction in 
his county (except in certain cities); of the certification of 
teachers and Teachers’ Institutes. He decides disputes as to 
boundary lines of districts, and is a member of the county 
Excise Board. He is the adviser of teachers and school 
board members in his county. 


24 


Gove:rnme:nt In Oklahoma. 


Weigher. —This office was created by the legislature in 
order to standardize weights and protect the farmers from 
possible fraud in selling cotton, grain, etc. The compensa¬ 
tion of the county weigher is from fees. 

Board of Commissioners. —There are three County Com¬ 
missioners constituting the Board, which has supervision of 
roads, bridges, buildings, and other county property. This 
board makes the county tax levy. The County Commission¬ 
ers also appoint a County Board of Health to look after the 
general health of the community and to establish quaran¬ 
tines when necessary. All bills against the county must be 
allowed by the Board of Commissioners before being audited 
by the County Clerk or paid by the County Treasurer. Coun¬ 
ty Commissioners are elected from each of three commission¬ 
ers’ districts. 

Clerk of the District Court. —The clerk of the district 
court is elected by the voters of the county. It is his duty 
to keep all the records of the district court within his county; 
to serve under the district judge during each term of dis¬ 
trict court held in his county, and when the court is not in 
session to make such records as are required by law. 

County Excise Board. —The County Excise Board is com¬ 
posed of the County Clerk, County Treasurer, County Judge, 
County School Superintendent and County Attorney. 

This Board meets at the county seat on the last Saturday 
in July of each year for the purpose of examining the esti¬ 
mates of expenses of the county and of each city, incorpor¬ 
ated town, township and school district in the county. The 
excise board has power to revise and correct any estimates 
where the amount is in excess of just and reasonable need. 
Levies revised and corrected by this board are certified to 
the County Clerk who extends them upon the tax rolls. 

County Superior Court. —In counties having a population 
of thirty thousand or more, and having therein a city of eight 
thousand or more inhabitants, a Superior Court is establish¬ 
ed. This court has concurrent jurisdiction with the District 


Local, Government. 


25 


Court in all matters and concurrent jurisdiction with the 
county court in all civil and criminal matters except matters 
of probate. 

Eleemosynary Institutions. —In Oklahoma each county 
provides a county farm as a home for the poor and depend¬ 
ent, or in lieu thereof gives financial assistance. Assistance 
is issued by the County Commissioners, for the care of such 
persons as are, by reason of age, infirmity, or misfortune, un¬ 
able to earn a living. 

Compensation. —All county officers, unless otherwise speci¬ 
fied in the text, have fixed salary. Provisions were at first, 
in most cases, made for fees, but the salary schedule was 
established for reasons of economy. 

Term of Officers —County officials are elected for a term of 
two years. 


Suggestive Questions. 

How many counties in Oklahoma? 

Give the average area and population of counties in Okla¬ 
homa. What is the area and population of the county in 
which you live ? 

What is the county seat of your county? 

Name the county officials in your county and give the chief 
duties of each. 

How does your county care for the poor? 



1 



Governor Lee Cruce 




% 

I 















PART THREE 


STATE GOVERNMENT 


CHAPTER VII. 

Oklahoma Constitution 

Constitutional Convention. —The delegates to the State 
Constitutional Convention, elected under the provisions of 
the Enabling Act, met at Guthrie November 20, 1906. The 
convention, though not in session continuously, did not ad- 
jurn until July 16, 1907. 

Great Length of the Constitution. —^Because of the peculiar 
relations of the two territories united in single statehood 
much material which otherwise would not have been pro¬ 
vided was insterted, making this constitution one of the long¬ 
est documents of its kind ever submitted. However, the 
very nature of the document itself called for many particu¬ 
lars and therefore included much detail. These features, of 
course, have made it a document of great length. 

Contents of the Oklahoma Constitution. —The Constitution 
of Oklahoma consists of twenty-four Articles, a “Schedule,” 
Prohibitory Provision (submitted as a separate issue), and a 
resolution accepting the Enabling Act. Some of these arti¬ 
cles are necessarily complete in detail and therefore are of 
great length. This is especially true of the article on Cor¬ 
porations and the one on Prohibition. The several Articles 
in their order are as follows: 

I.—Federal Relations; II.—Bill of Rights; III.—Suffrage; 
IV.—Distribution of Powers; V.—Legislative Department; 
VI.—Executive Department; VII.—Judicial Department; 




28 ■ Government In Oklahoma. 

VIII.—Impeachment and Removal from Office; IX.—Corpor¬ 
ations; X.—Revenue and Taxation; XI.—State and School 
Lands; XII.—Homesteads and Exemptions; XIII.—Educa¬ 
tion ; XIV.—Banks and Banking; XV.—Oath of Office; XVI. 
—Public Roads, Highways, and Internal Improvements; 
XVH.—Counties; XVHI.—Municipal Corporations; XIX.— 
Insurance; XX.—Manufacture and Commerce; XXI.—Public 
Institutions; XXH.—Alien and Corporate Ownership of 
Lands; XXHI. — Miscellaneous; XXIV. — Constitutional 
Amendments. 

Federal Relations. —The Constitution provides that Okla¬ 
homa is an inseparable part of the federal state and that the 
Constitution of the United States is the supreme law. 

Religious Toleration. —As to the toleration of religious 
sentiments the Constitution says that '‘Perfect toleration of 
religious sentiment shall be secured, and no inhabitant of 
the state shall ever be molested in person or propertj^ on ac¬ 
count of his or her mode of religious worship; and no re¬ 
ligious test shall be required for the exercise of civil or politi¬ 
cal rights.” 

Public Schools. —The Constitution provides that a system 
of free public schools open to all children of the state and 
free from all sectarian control shall be organized and main¬ 
tained. It also contemplates the establishment and main¬ 
tenance of separate schools for white and colored children. 
Indian children are recognized as white children, and chil¬ 
dren of African descent are termed colored. 

Prohibition in Indian Territory and Indian Reservations.— 
Provisions of the Constitution (made necessary by the fed¬ 
eral relations with Indian tribes relative to the sale of in¬ 
toxicating drinks) prohibit the introduction and sale of 
liquor in Indian Territory, Osage Nation, or any Indian Res¬ 
ervation for twenty-one years from the admission of Okla¬ 
homa into the Union. 

The Bill of Rights. —Article II of the Constitution is known 
' as the Oklahoma Bill of Rights and is more complete in detail 



State; Gove:rnme:nt. 


29 


than such constitutional provisions usually are. Most of the 
provisions in the Bill of Rights are those usually found in 
State constitutions, but a few are characteristic of Oklahoma 
only. (This bill of rights is published in full in Appendix A). 

Writ of Habeas Corpus. —Section 19 of Article II, relating 
to writ of habeas corpus, is a distinctive departure from the 
ordinary law. It provides that ‘‘the privilege of the writ of 
habeas corpus shall never be suspended by the authorities of 
this State.” The usual provision is that such suspension 
shall not be made in time of peace. 

Fellow-servant Law. —The common law doctrine of fellow- 
servants, in so far as it affects the master’s liability for in¬ 
juries of his servant resulting from the acts or omissions of 
any other servant or servants of the common master, is ab¬ 
rogated by the Constitution of Oklahoma. In this state any 
employee has a right to recover from his employer for any 
damages resulting from acts or omissions of a fellow servant. 

Corporations. —Corporations are prohibited from influenc¬ 
ing elections or official duty by contributing money or other 
valuables, and are compelled to submit differences with em¬ 
ployees, in reference to labor, to arbitration as provided by 
law. 


Suggestive Questions 

When and where did the Constitutional Convention meet? 

Why is the Oklahoma Constitution so lengthy a document? 

What is the relation of Oklahoma to the national govern¬ 
ment? 

What is religious toleration? What provisions are made 
in the state constitution for public schools? 

What is prohibition? How long must it be enforced in 
that part of the state which fomerly comprised Indian Ter¬ 
ritory? 

What is a Bill of Rights? Writ of Habeas Corpus? 

What is the Fellow-servant Law of Oklahoma? 



30 


Governmi:nt In Oklahoma. 


CHAPTER VIII. 

Executive Department 

The executive power of the State is vested in a Governor, 
Lieutenant Governor, Secretary of State, State Auditor, At¬ 
torney General, State Treasurer, Superintendent of Public 
Instruction, State Examiner and Inspector, Chief Mine In¬ 
spector, Commissioner of Labor, Commissioner of Charities 
and Corrections, Commissioner of Insurance, and other of¬ 
ficers provided by law. These officers are each elected for 
a term of four years. 

Executive Officers. —No person shall be eligible to the of¬ 
fice of Governor, Lieutenant Governor, Secretary of State, 
State Auditor, Attorney General, State Treasurer, Superin¬ 
tendent of Public Instruction, or State Examiner and Inspec¬ 
tor except a male citizen of the United States, of the age of 
not less than thirty years, and who shall have been three 
years next preceding his election, a qualified elector of this 
State. 

Neither the Governor, Secretary of State, State Auditor, 
or State Treasurer is eligible to immediately succeed himself 
in office. 

Governor. —The Governor is, of course, the supreme execu¬ 
tive officer, but since other state executive officers are also 
elective, and not appointed as in the national government, his 
authority over them is quite limited. The chief powers and 
duties of the Governor are as follows: Commander-in-chief 
of the militia (except when in the service of the United 
States) and he may call out the militia to execute the laws, 
protect the public health, suppress insurrection, and repel 
invasion. The Governor has power to convoke the legisla¬ 
ture, or the Senate only, in special session; to grant pardons; 
to veto acts of the legislature; to commission all officers not 


State: Gove:rnme:nt. 


31 


otherwise commissioned by law; and to adjourn the legisla¬ 
ture when the two branches thereof cannot agree as to the 
time of adjournment. 

Lieutenant Governor.—The Lieutenant Governor holds 
the right of succession in office to the Governor and is the 
presiding officer of the Senate. 

Secretary of State.—The Secretary of State keeps a regis¬ 
ter of the official acts of the Governor and is the custodian of 
the State Seal. The State Seal of the State of Oklahoma is 
described as follows: “In the center shall be a five-pointed 
star, with one ray directed upward. The center of the star 
shall contain the central device of the seal of the Territory 
of Oklahoma, including the words, Labor Omnia Vincit.’ 
The upper left hand ray shall contain the symbol of the 
ancient seal of the Cherokee Nation, namely: A seven- 
pointed star partially surrounded by a wreath of oak leaves. 
The ray directed upward shall contain the symbol of the 
ancient seal of the Chickasaw Nation, namely: An Indian 
warrior standing upright with bow and shield. The lower 
left hand ray shall contain the symbol of the ancient seal of 
the Creek Nation, namely: A sheaf of wheat and a plow. 
The upper right hand ray shall contain the symbol of the 
ancient seal of the Choctaw Nation, namely: A tomahawk, 
boWj and three crossed arrows. The lower right hand ray 
shall contain the symbol of the ancient seal of the Seminole 
Nation, namely: A village with houses and a factory beside 
a lake upon which an Indian is paddling a canoe. Surround¬ 
ing the central star and grouped between its rays shall be 
forty-five small stars, divided into five clusters of nine stars 
each, representing the forty-five states of the Union, to which 
the forty-sixth is now added. In a circular band surround¬ 
ing the whole device shall be inscribed, ^ GREAT SEAL OF 
THE STATE OF OKLAHOMA, 1907.^ ” 

Examiner and Inspector.—The State Examiner and In¬ 
spector examines the State and County Treasurers' books, 
accounts, and cash on hand, and publishes his full report. 

*Labor conquers all things. 



32 


Gove:rnme:nt In Oklahoma. 


He also prescribes a uniform system of bookkeeping for all 
Treasurers, whose books are subject to his inspection. 

Commissioner of Labor.—The Commissioner of Labor is 
ex-officio Chairman of the Board of Arbitration and Con¬ 
ciliation in the Labor Department. He is, in a general way, 
in control of the whole Department of Labor. 

Insurance Commissioner.—The Insurance Commissioner 
must be well versed in insurance matters. He has charge 
of the enforcement of insurance laws, especially as to author¬ 
izing insurance companies to transact business within the 
State. 

Auditor.—The State Auditor examines and adjusts all ac¬ 
counts and claims against the State. In many states the 
Auditor is called the Comptroller. No money can be ex¬ 
pended for state accounts except on warrants drawn by the 
Auditor. The State Auditor in Oklahoma is also one of the 
School Land Commissioners. 

Attorney General.—The Attorney General is the State’s 
legal adviser. This duty is performed by rendering opin¬ 
ions on questions of law submitted to him by state officials. 
His duties also include the prosecution of certain criminal 
acts. He represents the State in all lawsuits where the 
State is a party. 

State Superintendent.—The State Superintendent of Pub¬ 
lic Instruction is ex-officio Chairman of the State Board of 
Education, has general supervision of educational matters, 
and is the adviser in matters pedagogical and legal of 
county and city superintendents. In legal questions he has 
a right to the assistance of the Attorney General. He is 
also a member of the School Land Commission. 

Treasurer.—The State Treasurer receives all state money, 
receipts for the same, and pays it out upon warrants issued 
by the State Auditor. 

Commissioner of Charities and Corrections.—The Commis¬ 
sioner of Charities and Corrections has power to investigate 
Public Institutions of Charities and Corrections, but the 


State; Gove:rnment. 


33 


legislature has power to add to the duties of the office. 
Eligibility is not restricted by sex, but the officer must be 
twenty-five years of age and possess the essential qualifica¬ 
tions of other executive officers. 

Chief Mine Inspector. —No person who has not had at least 
eight years experience as a practical miner is eligible to the 
office of Chief Mine Inspector. He has charge of all district 
mine inspectors and a general oversight of all mining inter¬ 
ests as to the enforcement of laws to safeguard human life. 

Printer. —A State Printer is elected to supervise all con 
tracts for state printing required by the several state of¬ 
ficers. 

Corporation Commissioners. —There are three Corporation 
Commissioners elected, each for a term of six years. This 
commission is clothed with the authority of a court. The 
commission is given the right to inspect the books of any 
railroad company or any other public-service corporation, at 
such time as the commission deems necessary, and to ex¬ 
amine under oath any officer, agent, or employee of such 
corporation. 

It is the duty of the Corporation Commissioners to regu¬ 
late all transportation and transmission companies doing 
business in the state. 

Decisions of the Corporation Commission prescribing 
rates, etc., may be appealed to the Supreme Court. 

Commissioners of the Land Office. —The Commissioners of 
the Land Office—Governor, Secretary of State, State Audi¬ 
tor, Superintendent of Public Instruction, and President of 
the Board of Agriculture—have charge of the sale, rental, 
disposal and managing of the school lands and other lands 
of the state, and of the funds and proceeds derived there¬ 
from under rules and regulations prescribed by the legisla¬ 
ture. 

Board of Agriculture. —The State Board of Agriculture 
consists of a President elected by the voters of the state at 
large and ten members (must be farmers) elected by dele- 


34 


Gove:rnme:nt In Oklahoma. 


gates from Farmers’ County Institutes. This board has 
jurisdiction over all matters affecting animal industries and 
animal quarantine regulations, and acts as a Board of Re¬ 
gents for all Agricultural and Mechanical Colleges . 

Board of Education.—The State Board of Education is 
composed of the State Superintendent, who is ex-officio 
chairman, and six other members appointed by the Gover¬ 
nor, by and with the advice of the Senate, for six years. 
Two members of the board are appointed each biennium. 
The law (Senate Bill 132 of 1911) also requires that at least 
“two of them shall be practical school men who shall have 
had at least four years work, two years of which shall have 
been in the state of Oklahoma.” The board members do not 
receive regular salaries but their actual e:fpenses and six dol¬ 
lars per day for each day in actual service of the State con¬ 
stitutes their remuneration. They are the Board of Regents 
for all State Educational Institutions, except the Agricul¬ 
tural and Mechanical College and the branch Agricultural 
Schools. They also serve as a State Textbook Commission, 
prescribe courses of study and rules for the issuance of 
teacher’s certificates, and in a general way administer the 
educational affairs of the State. 

Board of Affairs.—The State Board of Public Affairs has 
charge of all purchases made by the State and of all con¬ 
struction, repair, maintenance and insurance of all public 
buildings. This board consists of three members appointed 
by the Governor. 

Banking Board.—A State Banking Board, appointive, has 
power to regulate and control state banks, loan, trust, and 
guaranty companies. 

A law also prescribes the manner in which state banks 
may be operated and provides that the State Banking Board 
shall collect a guaranty fund from state banks. This fund 
shall be used to guarantee all the deposits held in state 
banks. 


State Government. 


35 


The legal rate of interest is six per cent, and the contract 
rate is ten per cent.. A penalty is provided (forfeiture of 
entire amount of interest) for usury. 

State Game and Fish Warden. —The laws of Oklahoma 
protect all game and fish in the state from unreasonable 
destruction by providing regulations by which those seek¬ 
ing to catch fish or kill game must be governed. To super¬ 
vise the enforcement of these laws the Governor appoints a 
State Game and Fish Warden. The State Game and Fish 
Warden, all deputy wardens appointed by him, and also all 
county clerks are authorized to issue to any citizens of the 
state over forteen years of age an annual license to hunt or 
fish. For issuing a hunting license, a fee of one dollar and 
twenty-five cents is charged. All salaries and expenses of 
the Game Warden and his deputies are paid from funds de¬ 
rived from such fees. 

Other Appointive State Officers. —The Governor appoints 
a State Fire Marshal to investigate incendiary fires, etc.; a 
State Commissioner of Health to investigate violations of 
pure food and drug laws and in a general way seek to im¬ 
prove health conditions in the State ;* a State Highway Com¬ 
missioner to encourage the building and improvement of 
public roads, and an Adjutant General through whom the 
affairs of the state militia are administered. 


Suggestive Questions 

Name the chief executive officers of the State. What are 
the chief powers and duties of the Governor? Lieutenant 
Governor? Secretary of State? Examiner and Inspector? 
Commissioner of Labor? Insurance Commissioner? Audi¬ 
tor? Attorney General? State Superintendent? Treasurer? 
Commissioner of Charities and Corrections? Chief Mine In¬ 
spector? Printer? 

Describe the State Seal. 

How many Corporation Commissioners are there? For 





36 


Government In Oklahoma. 


how long a term are they elected? What are the chief pow¬ 
ers and duties of these Commissioners ? 

What state officials also serve as Commissioners of the 
Land Office? 

What are the powers and duties of the State Board of 
Agriculture ? 

What are the chief powers and duties of the State Board 
of Education? 

What are the duties of the State Board of Public Affairs? 
State Game and Fish Warden? State Banking Board? 

What is the legal rate of interest? Contract rate? Pen¬ 
alty for usury ? 

What art the duties of the State Fire Marshal? Commis¬ 
sioner of Health? Highway Commissioner? Adjutant Gen¬ 
eral ? 


State) Government. 


37 


CHAPTER IX. 

LEGISLATIVE DEPARTMENT 

Initiative. —The Constitution vests the legislative author¬ 
ity of the State in a legislature consisting of a Senate and 
House of Representatives, but the voters also have legisla¬ 
tive powers reserved to themselves in provisions for the in¬ 
itiative and referendum. That is, the people may, by a pe¬ 
tition of eight per cent, of the legal voters of the State, in¬ 
itiate and cause a bill to be voted upon, and if a majority of 
the total vote is affirmative the bill is declared a law. 

Referendum. —The referendum, upon any measure passed 
by the legislature, may be called for by a petition of five per 
cent of the legal voters. This must be done not more than 
ninety days after the final adjournment of the legislature. 
The petitions for the initiative and referendum are filed with 
the Secretary of State but addressed to the Governor. Any 
measure rejected by the people, through the powers of the 
initiative and referendum, cannot be again submitted 
through the initiative and referendum within three years 
thereafter by less than twenty-five per cent of the legal vot¬ 
ers. It requires fifteen per cent of the legal voters to initi¬ 
ate an amendment to the State Constitution. 

The Senate. —Senator must be at least twenty-five years 
of age, must be an elector of his respective district, and 
must reside therein during his term of office. The State is 
divided into thirty-three districts, and there are in all forty- 
four senators. The Lieutenant-Governor is ex-officio Presi¬ 
dent of the Senate, but the Senators may elect one of their 
own members president pro tempore and he presides over 
the deliberations of the Senate in the absence of the Lieu¬ 
tenant Governor. The Senate has some executive powers. 



38 


Gove^rnment In Oklahoma. 


chief of which is that of passing upon certain appointments 
made by the Governor. 

House of Representatives. —The House of Representatives 
consists of one hundred and nine members. This number 
may be increased as the population of counties increases. A 
representative must be twenty-one years of age at the time 
of his election, must be a qualified elector of his respective 
district, and must reside therein during his term of office. 
The House elects one of its own members as Speaker. Regu¬ 
lar sessions are held biennially, at the seat of government, 
beginning on the first Tuesday after the first Monday in 
January in the next year succeeding their election. The 
legislature has power to change date of meeting. There are 
many limitations upon the power of the legislature to pass 
local or special laws. Bills for raising revenue must origin¬ 
ate in the House, but the Senate may propose amendments 
thereto. Emergency legislation is not subject to the refer¬ 
endum but other laws than those to which an emergency 
clause is attached are in full force and effect only after 
ninety days have elapsed from the date of the adjournment 
of the legislature. 

Amendments to the State Constitution. —The State Con¬ 
stitution of Oklahoma may be amended by a majority of all 
the votes cast at an election called to adopt or reject such 
amendment. Amendments may be proposed by an initiated 
petition or by a two-thirds vote of the State Legislature. The 
Governor upon receipt of an initiated petition may call an 
election to vote upon amendments to the Constitution. The 
question of calling a convention to revise the Constitution 
must be submitted to the electorate every twenty years. 


Suggestive Questions 

What is the initiative? What per cent of the legal voters 
is necessary for a petition to initiate a law ? What per cent 
to initiate an amendment to the Constitution? 



State) Govern me:nt. 


39 


What is the referendum? What per cent of the voters is 
necessary on a petition to invoke the referendum against an 
act of the legislature? 

What are the qualifications of a State Senator ? Who pre¬ 
sides over the Senate? What executive power has the 
Senate ? 

How many members compose the House of Representa¬ 
tives? Who presides over the House? When are regular 
sessions of the legislature held? What is emergency legis¬ 
lation? 

How may the State Constitution be amended ? How often 
must the question of amendments to the Constitution be sub¬ 
mitted ? 


40 


Governme:nt In Oklahoma. 


CHAPTER X. 

JUDICIAL DEPARTMENT 

Power Vested. —The judicial power of this state is vested 
in the Senate, sitting as a court of impeachment, a Supreme 
Court, District Courts, County Courts, Courts of Justices of 
the Peace, Municipal Courts, and such other courts, commis¬ 
sions or boards, inferior to the Supreme Court, as may be 
established by law. 

Impeachment. —A trial for misconduct in office is termed 
impeachment. The Oklahoma Constitution provides that 
elective state officers and Supreme Judges are subject to im¬ 
peachment, and that all other elective officers not liable to 
impeachment are subject to removal from office by due pro¬ 
cess of law. When impeachment proceedings are held, the 
senate sits as a Court of Impeachment and at such times 
each senator is under special oath. 

Supreme Court. —The Supreme Court consists of five jus¬ 
tices, one from each of five supreme court judicial districts, 
elected at large for a term of six years. Each justice of the 
Supreme Court must be a citizen of the United States, resi¬ 
dent of the State two years, and of the supreme court judicial 
district from which he is elected, one year; thirty years of 
age, and a licensed lawyer or a judge of a court of record. 

This court has original jurisdiction and control over all 
inferior courts and all commissions and boards created by 
law; and appellate jurisdiction, co-extensive with the State, 
in all civil cases at law and in equity. 

Supreme Court Clerk. —The Clerk of the Supreme Court 
is an elective officer. The duties of the clerk are to keep the 
records of the Supreme Court and of the Criminal Court of 
Appeals. He is paid by fees. 



Stat^ Government. 


41 


Criminal Court of Appeals.—The Criminal Court of Ap¬ 
peals is composed of three justices, elective, and has ap¬ 
pellate jurisdiction, co-extensive with the State, in all crim¬ 
inal cases coming from county, superior, or district courts. 
Term of office six years. 

District Court.—The District Court is of vast importance 
because of its great authority and direct contact with the 
people. This court has original jurisdiction in all cases civil 
or criminal, except when exclusive jurisdiction is by the Con¬ 
stitution, or by law, conferred on some other court. It has 
extensive appellate jurisdiction also. 

A District Judge must be an experienced, qualified lawyer 
and a resident of the State. 

(County Courts, Courts of Justices of the Peace, Superior Courts 
and Municipal Courts have been discussed in previous chapters.) 


Suggestive Questions 

How is the judicial power of the State vested? 

Name the various courts. 

How may elective State officers and judges of the Supreme 
Court be removed from office ? 

How many judges constitute the Supreme Court? What 
are their qualifications? Tenure of office? What original 
jurisdiction has the Supreme Court? Appellate jurisdic¬ 
tion? 

What are the duties of the Clerk of the Supreme Court? 
How is he paid? 

How is the Criminal Court of Appeals composed? What 
jurisdiction has this court? What is the term of office for 
judges of the Criminal Court of Appeals? 

AYhy is the District Court of so much importance? What 
original jurisdiction has this court? Appellate jurisdiction? 



42 


Governme:nt In Oklahoma. 


CHAPTER XI. 

REVENUE AND TAXATION 

Assessments. —Assessments are made by a county assessor 
and the property must be assessed at a fair cash value. Pro¬ 
perty is assessed to the person who owned it on the first day 
of March. In June, beginning on the first Monday, the 
county equalization is made by the County Board, and later 
the state equalization board passes upon all property assess¬ 
ments. 

Tax Limits. —Except as provided for schools and public 
buildings, the total tax that may be levied on an ad valorem 
basis for all purposes—state, county, township, city or town, 
and school district taxes—shall not exceed, in any one year, 
thirty-one and one-half mills on the dollar. Additional levy 
for schools may be made as follows: State levy, not more 
than three and one-half mills; county levy, not more than 
eight mills; township levy, not more than five mills; city or 
town levy; not more than ten mills; school district levy, not 
more than five mills (or an additional ten mill increase for 
schools by a majority vote). 

Valuations of property are finally adjusted by the State 
Board of Equalization, which consists of the Governor, State 
Auditor, State Treasurer, Secretary of State, Attorney Gen¬ 
eral, Inspector and Examiner, and President of the Board of 
Agriculture. 

Provisions are also made for the enactment of laws pre¬ 
scribing levy of license, franchise, gross revenue, excise, in¬ 
come, collateral and direct inheritance, legacy, succession, 
and other specific taxes. 

The limit of public indebtedness is fixed at an aggregate 
of four hundred thousand dollars which may be increased to 
repel invasion. 


State: Gove:rnme:nt. 


43 


Suggestive Questions 

By whom is property assessed? To whom is property 
assessed ? What boards review assessments ? 

What is the tax limit? What additional levies may be 
made? 

What officers are members of the State Board of Equali¬ 
zation ? 

What taxes other than ad valorem taxes may be levied? 

What is the limit of public indebtedness? 


44 


Governmknt In Oklahoma. 


CHAPTER XII. 

SUFFRAGE AND ELECTIONS 

Public Officials. —Public officials are either elected to of¬ 
fice by the voters or appointed to office by some official who 
has been elected. In the earlier periods of our national life 
all officials except the chief executive and members of the 
legislature were appointed. This is still the rule in national 
government but not in state governments. In Oklahoma 
(except in cities which have adopted the commission form 
of government) the chief officials, executive, judicial and 
legislative, are elected. 

Suffrage. —Political rights are extended to women in some 
states. In Oklahoma, except in school district elections, 
the right of franchise is extended to men only. A citizen 
must be at least twenty-one years of age, and must have 
resided in the state one year, county six months, and pre¬ 
cinct thirty days before the right of franchise may be ex¬ 
ercised. 

Persons adjudged guilty of felony, or persons who are 
kept at public expense, are not entitled to vote or to hold 
office. 

Registration. —The laws of Oklahoma require voters in 
cities of the first class to register. This precaution is taken 
to insure that only those who are entitled to vote will be per¬ 
mitted to do so. In rural or town precincts the judges of the 
precincts are usually personally acquainted with the indi¬ 
vidual voters and registration is hardly essential. 

Mandatory Primary Elections. —In the general election the 
voter may vote for any person, but previously all but one 
candidate in each political party for each office have been 
eliminated by a primary election. 


State Government. 


45 


The Constitution of Oklahoma provided that a mandatory 
primary law should be enacted and that whenever the “Fed¬ 
eral Constitution may permit, the election of United States 
Senator shall be by direct vote.” A mandatory primary 
law is now (1912) in force in this state. 

Elections. Elections for state officials are held every four 
years; for county officials, every two years. 

State Election Board.—The State Election Board consists 
of three members, appointed by the Governor and confirmed 
by the Senate. Not more than two of these board members 
shall be of the same political party. The duties of the board 
are as follows: To canvass the election returns for the 
State; to appoint and supervise county election boards; and 
to supervise the elections. 

County Election Boards.—Three members, appointed by 
the State Election Board, constitute the County Election 
Board. This board canvasses county returns; supervises all 
matters appertaining to county elections; and appoints pre¬ 
cinct election board members. 

Precinct Election Boards.—Three members, appointed by 
the County Election Board, constitute the Precinct Election 
Board, and this board has powers and duties in the precinct 
election similar to the powers and duties of other election 
boards in their respective units. 

The Ballot.—With each of the ballots is printed a '‘stub’’ 
which has blanks for the voter’s name, post office, street 
number, etc. This information is retained by the election 
officials to be used as a means of verification in case of con¬ 
tests. As the voters are previously registered this "stub’’ 
becomes of vast importance in contest proceedings. 


Suggestive Questions 

In the national government what officials are elected? In 
Oklahoma government what officials are elected? 



46 


Govi:rnment In Oklahoma. 


Who may vote in Oklahoma elections? Who may not 
vote in Oklahoma elections? 

Why is registration required of voters in city precincts? 
How are candidates nominated? 

How often are general elections held for electing state 
officials? County officials? 

Describe the duties of the State Election Board; County; 
Precinct. 


PART FOUR 


NATIONAL GOVERNMENT 
CHAPTER Xni. 

CONSTITUTION OF THE UNITED STATES 

United Efforts of Colonies.—Each of the English colonies 
of America had a separate government, but all the colonies 
had some common interests. As the differences with the 
mother country became more grave the common interests of 
the colonies became more apparent. 

Continental Congress.—The acts of the British govern¬ 
ment, Stamp Act, etc., finally brought about a united effort 
of resistance on the part of the colonies. In 1774 the First 
Continental Congress was held by the colonies. In this con¬ 
gress all but one of the colonies were represented. In the 
following year, 1775, all the thirteen colonies were represent¬ 
ed in the Second Continental Congress. It was this congress 
that organized the continental army, appointed George 
Washington as commander-in-chief, and adopted the Declar- 
atio nof Independence. 

Articles of Confederation.—After the Revolutionary War 
the colonies became states. As each adopted a written con¬ 
stitution, the Articles of Confederation were adopted as a 
fundamental body of laws for the nation. 

Ratification of the Articles of Confederation by all states 
was not secured until 1781. It was soon found that the Arti¬ 
cles of Confederation were not sufficient for the general gov¬ 
ernment and a Constitutional Convention was called in 
Philadelphia in 1787. 





48 


Government In Oklahoma. 


Ratification of the Constitution. —In framing the Consti¬ 
tution many compromises were made but serious objections 
still remained in many states so that it was a long time be¬ 
fore all the states had ratified. Only the ratification of nine 
of the thirteen states was required and the ninth state rati¬ 
fied the Constitution in June, 1788. From that date the 
Constitution of the United States has been the supreme law 
of the land. Because the powers are divided between the 
national government and the state governments our govern¬ 
ment is called a Federal Government. 

Provisions of the Constitution of the United States. —The 

Constitution of the United States provides: Art. I, for the 
Legislative Department of Government; Art. II, Executive 
Department; Art. Ill, Judicial Department; Art. IV, Inter¬ 
relations of States; Art. V, Amendments; Art. VI and Art. 
VII, Miscellaneous matters. 

The first ten amendments were adopted immediately after 
ratification as a bill of rights; the eleventh amendment, 
which prevents a person from suing a state, was adopted in 
1798; the twelfth amendment (regulating the election of 
President) was adopted in 1804; the thirteenth, fourteenth, 
and fifteenth amendments were adopted after the Civil War, 
1865-1870, to abolish slavery and grant personal and politi¬ 
cal rights to ex-slaves. A sixteenth amendment, proposed 
by Congress, giving the national government a right to levy 
an income tax, has not yet (1912) received the ratification 
of the required number of states. 


Suggestive Questions 
Why did the English colonies unite? 

What were the most important acts of the Second Contin¬ 
ental Congress? 

When did the Constitution of the United States become 
binding ? 



National Government. 


49 


State the nature of each of the general divisions of the 
Constitution of the United States. 

Discuss the amendments to the Constitution of the United 
States. 



50 


Government In Oklahoma. 


CHAPTER XIV. 

EXECUTIVE DEPARTMENT 

The President. —The chief executive is the President, elect¬ 
ed, not by direct vote, but by presidential electors who are 
elected by direct vote. His term of office is four years. His 
salary is $75,000.00 per year. No one who has been natural¬ 
ized in order to become a citizen may be elected president. 

The President and Vice President are the only national 
officials elected by the nation at large. All other important 
officials are appointed by the President. The President has 
the power of removal over any officials appointed by him ex¬ 
cept the judges. 

The President has power to grant reprieves, commuta¬ 
tions, and pardons for offences committed against the Uni¬ 
ted States. He is commander-in-chief of the army and navy. 
He may exercise the right of veto of acts of Congress. He 
appoints ambassadors, ministers, consuls and other officials 
who reside in foreign countries in order to attend to matters 
affecting the United States or its citizens. The regulations 
governing representation in foreign countries are fixed by 
treaties. 

Civil Service. —There are so many appointive positions in 
the service of the national government that it is impossible 
for the President or any other single individual to judge 
rightly of every applicant, hence laws to regulate the exam¬ 
ination and appointment of persons to positions in public 
service have been passed by Congress. These are called 
civil service laws. 

In 1910, there were 384,088 officials and employees in the 
civil service. Of these, over nine thousand were appointed 
by the President, and more than two hundred thousand 
were subject to civil service examinations. The government 


National Govlrnmlnt. 


51 


since 1883 has been gradually extending the civil service lav/ 
to all parts of the public service. 

The Cabinet.—The national executive departments estab¬ 
lished at first were State, Treasury, War, and Justice. The 
following departments have since been established: Navy; 
Post Office; Interior; Agriculture; Commerce and Labor. 
The heads of these nine departments constitute the Cabinet 
of the President. 

It is the duty of the officers of this cabinet to advise with 
the president as to governmental policies whenever request¬ 
ed to do so. Regular and special cabinet meetings are held. 
The members of this Cabinet are appointed by the President 
and confirmed by the Senate. 

The heads of departments are called Secretaries, except 
in the case of the Post Office and Justice, where they are 
called Postmaster-General and Attorney-General respect¬ 
ively. 

Departments are usually subdivided into bureaus or of¬ 
fices, and these into divisions. The head of a bureau is 
called a Commissioner and the head of a division is called 
a Chief. 

The Department of State keeps a record of the acts of the 
President, the official documents of Congress, and all treat¬ 
ies. The most important bureaus in this department are 
the diplomatic and consular bureaus. 

In the Department of the Interior the bureau of education 
is of great importance. The bureau of child welfare is also 
of vital importance. This bureau was established in 1912. 
It has to do with all matters that may work for the better¬ 
ment of child life, such as compulsory school attendance, 
child labor laws and medical inspection of schools. 

Those living in rural communities come into direct con¬ 
tact with the Department of Agriculture through the bur¬ 
eaus of animal industry, weather bureau, and experiment 
stations. . 4* 


52 


Governme:nt In Oklahoma. 


People in cities corse into more direct contact with the de¬ 
partment of Commerce and Labor through the bureaus of 

standards, immigration and naturalization, navigation and 
light house service. 

All of us come in contact with the Post Office Department. 

Unclassified. —The Inter-State Commerce Commission, 
Civil Service Commission, Government Printing Office, 
Smithsonian Institution, and the Library of Congress are all 
of special value to the citizens but they are outside of any 
established department. 

The Vice-President. —The Vice-President is the presiding 
officer of the Senate, but he has little else in the way of pub¬ 
lic service to perform. 

If the President dies, resigns or for any reason is unable 
to perform the duties of his office the Vice-President becomes 
acting President. There have been five cases of presiden¬ 
tial succession and in each case the Vice-President became 
President. 

In case of a vacancy both in the presidency and vice presi¬ 
dency the appointive executive officers beginning with Sec¬ 
retary of State would succeed to the presidency. 


Suggestive Questions 

How is the President of the United States elected? What 
is his salary. Term of office ? 

Who succeeds in case of a vacancy in the office of Presi¬ 
dent? In case of a vacancy both in presidency and vice 
presidency? 

Explain the President’s powers. Civil Service Laws. 

Enumerate the Executive Departments of the national 
government. 

Who compose the President’s Cabinet? 

What are bureaus? Divisions? Commissioners? 

With what departments, bureaus or commissioners do peo¬ 
ple of this school district have dealings? 



National Government. 


53 


CHAPTER XV. 

LEGISLATIVE DEPARTMENT 

The Legislative Department of the National Government 
consists of the Senate and House of Representatives. This 
branch of government is called Congress. Congress meets 
in regular sessions every year at Washington, D C., on the 
first Monday in December. Special sessions may be called 
by the President. 

House of Representatives. —Members of the House of rep¬ 
resentatives are apportioned to the several states according 
to population. The ratio now (1912) is one representative 
for every 211,877 population. This ratio is fixed by Congress 
once every ten years. Representative districts in each state 
are fixed by the state legislature thereof. 

The representatives in Congress are elected by direct vote 
of the citizens. Oklahoma at present (1912) has eight rep¬ 
resentatives. 

The House of Representatives elects one of its own mem¬ 
bers as Speaker, or presiding officer. 

The Senate. —The states are represented in Congress by 
senators—two from each state. Senators are usually elected 
by the legislature of the State, not by direct vote of the peo¬ 
ple. However, this plan of indirect election of senators is 
not satisfactory and a strong demand is being made for a 
change in the National Constitution so that senators may be 
elected by direct vote of the citizens. The term of office of 
a senator is six years. 

How Laws are Passed in Congress.— Acts of Congress are 
passed much as acts of the state legislature are passed, that 
is, the proposed measure after receiving a majority of votes 
in the house in which it originated is sent to the other house 
and if a majority of that house vote for. it the measure is 


54 


Government In Oklahoma. 


then sent to the chief executive and if he approves it by 
signing it the enactment becomes law. If, however, the 
chief executive vetoes the measure, i. e., refuses to sign it, 
the bill, together with his objections, is returned to the 
house in which it originated. If then two-thirds of each 
house vote for the bill it becomes a law. This is called 
“passing a law over the President’s veto.” 

Committees. —In both houses of Congress certain com¬ 
mittees have charge of all bills. When a committee recom¬ 
mends a bill for passage it has a great advantage. On the 
other hand many bills are “killed” in the committees, i. e., 
the committee in charge fails to report, or to allow the meas¬ 
ure to come up for consideration. 

POWERS OF CONGRESS.— The Constitution gives Con¬ 
gress power: 

(1) “To lay and collect taxes,” for the support of the 
National Government. 

(2) “To borrow money on the credit of the United 
States.” When the government borrows money it gives the 
lender a note of promise stating the amount loaned, the time 
of payment, and the rate of interest to be paid. The notes 
thus issued by a government are called bonds. 

(3) “To regulate commerce with foreign nations and 
among the several States, ’ ’ and also with the Indian Tribes. 

(4) “To establish an uniform rule of naturalization.” 

(5) “To establish laws on the subject of bankruptcies.” 

(6) “To coin money.” 

(7) “To fix the standard of weights and measures.” A 
yardstick should be just as long, and a pound weight just 
as heavy, in one state as in another. Congress has the right 
to require that this shall be the case. The National Govern¬ 
ment presents a full set of weights and measures to the gov¬ 
ernment of each State, and the State adopts these as correct. 
Thus throughout all the states merchants use standard 
weights and measures. 


National, Government. 


55 


(8) “To provide for the punishment of counterfeiting 
the securities and current coin of the United States. ’ ’ 

(9) “To establish post-offices and post-roads.” 

(10) “To promote the progress of science and useful arts 
by securing for limited times to authors and inventors the 
exclusive right to their respective writings and discoveries.” 
Authors are encouraged to write good books by giving them 
a copyright upon their works. The person who has a copy¬ 
right upon a book is the only one who can print and sell it. 
Congress encourages useful inventions by granting patents 
to inventors. A patent upon a machine gives the one who 
holds the patent the exclusive right to make and sell or use 
the machine. 

(11) “To constitute tribunals inferior to the Supreme 
Court.” 

(12) “To define and punish piracies and felonies com¬ 
mitted on the high seas, and offences against the law of 
nations.” Piracy is robbery upon the sea. The National 
Government punishes pirates because their crime is com¬ 
mitted outside of the boundary of a State. When a citizen 
commits an offence against a foreign nation the injured 
nation regards the offender as a citizen of the United States, 
and not a citizen of a State. It is the National Govern¬ 
ment, therefore, that must punish piracies and offences 
against the law of nations. 

(13) “To declare war, grant letters of marque and re¬ 
prisal, and make rules concerning captures on land and 
water.” The evils of war fall on many States, therefore 
war can be declared only by Congress, and conducted by 
the National Government. Sometimes Congress has grant¬ 
ed to private persons the right to go and seize certain pro¬ 
perty belonging to a foreign country. Such a commission, 
called a letter of marque and reprisal, cannot be granted 
by a State. 

(14) “To raise and support armies.” 

(15) “To provide and maintain a navy.” 


56 


Gove:rnme:nt In Oklahoma. 


(16) “To make rules for the regulation of the land and 
naval forces.” 

(17) “To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections, and repel 
invasions. ’ ’ 

(18) “To exercise exclusive legislation” over the Dis¬ 
trict of Columbia. 

(19) “To make all laws which shall be necessary and 
proper for carrying into execution the * * powers 
vested by this Constitution.'’ 

(20) “To provide for the case of removal, death, resig¬ 
nation, or inability, both of the President and Vice-Presi¬ 
dent.” Under this power, Congress has passed a law that if 
both President and Vice-President die, the Secretary of State 
shall act as President; if the Secretary of State dies, the 
Secretary of the Treasury shall act as President; and so on 
down in the Cabinet, the Secretary of War coming third, 
the Attorney-General fourth, the Postmaster-General fifth, 
the Secretary of the Navy sixth, the Secretary of the In¬ 
terior seventh. 

(21) “To admit new States into the Union.” 

(22) “To make all needful rules and regulations respect¬ 
ing the territory belonging to the United States.” 

PROHIBITIONS. — The Constitution prohibits Congress 
from: 

(1) Suspending the writ of habeas corpus, except in 
case of rebellion or invasion. 

(2) Passing a bill of attainder. 

(3) Enacting an ex post facto law, i. e., a law which es¬ 
tablishes or changes the penalty of a crime after it has been 
committed. 

(4) Levying capitation or other direct tax unless in pro¬ 
portion to the census or enumeration. This means that 
Congress shall not pass a capitation tax, or poll tax, unless it 
be the same in every state. It also means that direct tax 


National Government. 


57 


on property, if laid by Congress, shall be apportioned among 
the states according to their population. 

(5) Laying any tax or duty on articles exported from 
any state or giving any preference by any regulation of 
commerce or revenue to the ports of one state over those of 
another state. 

(6) Granting any title of nobility. 


Suggestive Questions 

Of what does Congress consist? When and where are the 
sessions of Congress held? 

How are Representatives apportioned? How chosen? 
What is the present ratio? How many representatives has 
Oklahoma? How are representative districts fixed? 

How is the Speaker of the House chosen? 

How many Senators from each state? 

How are Senators chosen? For what term? 

How are laws passed in Congress? 

Explain the Committee Plan. 

What may Congress do ? What may Congress not do ? 



58 


Govi:rnme:nt In Oklahoma. 


CHAPTER XVI. 

JUDICIAL DEPARTMENT 

The Supreme Court. —The Supreme Court of the United 
States is the highest court in our nation. It consists of a 
Chief Justice and eight Associate Justices. This court holds 
its principal session at the national capitol. The justices in 
all national courts are appointed by the President and con¬ 
firmed by the Senate. The term of office is during good 
behavior. The chief justice receives an annual salary of 
$15,000.00, and each associate justice $14,500.00. 

The Supreme Court appoints its own Clerk and Marshal. 

The Circuit Courts of Appeals. —In order to relieve the 
Supreme Court of a part of the burden of appealed cases 
from the district courts, Congress, in 1891, established the 
Circuit Courts of Appeals. For this judicial purpose the 
whole country is divided into nine circuits or districts and a 
Circuit Court of Appeals is established for each district. One 
Justice of the Supreme Court and two or more Circuit 
Judges are assigned to each circuit. Appeals, as a rule, come 
from the District Courts to the Circuit Court of Appeals. 

District Courts. —The national court of lowest rank is 
called a District Court. There are almost one hundred dis¬ 
tricts now (1912) established. Each district has several 
divisions and court is held in each division. 

Special Courts. —The National Government cannot be sued 
in the regular courts, but an individual may get adjustment 
of his rights against the nation in the Court of Claims. 

Questions arising as to the administration of the tariff 
laws are adjusted in the Court of Customs Appeals. 

Court of Impeachment. —The President, Judges of the Su¬ 
preme Court, and all civil officers of the United States may 
be removed from office on account of treason, bribery, or 


Nationai, Gove:rnment. 


59 


other high crimes and misdemeanors. In all such cases, the 
House of Representatives makes the impeachment charges 
and the Senate acts as a court and tries the accused. 


Suggestive Questions 

Explain the organization of the Supreme Court. How are 
judges of national courts chosen? For what term? 

"When and for what purpose were the Circuit Courts of 
Appeals established? How many circuits are there? What 
judges are provided for each circuit ? 

What are the national courts of lowest rank called? 
Explain the Special Courts. Court of Impeachment. 



APPENDIX A 


RIGHTS OF INDIVIDUALS 

There are certain rights which the group secures to each 
loyal individual. In the family the parents protect the 
children in their rights; in the school the teacher sees to it 
that the rights of each pupil are respected. In the state and 
in the nation certain rights are considered of such impor¬ 
tance that they are defined in the fundamental law—the Con¬ 
stitution. These rights were not included in the National 
Constitution but added as the first ten amendments imme¬ 
diately after the Constitution was ratified by the states. 

In Oklahoma the most important rights of individuals are 
defined in Article II of the Constitution. 

OKLAHOMA BILL OF RIGHTS 

(Article II, Oklahoma Constitution) 

Sec. I.— All Political Power Inherent in People. —All poli¬ 
tical power is inherent in the people; and government is in¬ 
stituted for their protection, security, and benefit, and to 
promote their general welfare; and they have the right to 
alter or reform the same whenever the public good may re¬ 
quire it: Provided, Such change be not repugnant to the 
Constitution of the United States. 

Sec. 2.— Right to Life, Liberty, etc. —All persons have the 
inherent right to life, liberty, the pursuit of happiness, and 
the enjoyment of the gains of their own industry. 

Sec. 3.^Right of People to Peaceably Assemble. —The peo¬ 
ple have the right peaceably to assemble for their own good, 
and to apply to those invested with the powers of govern- 



Appendix A. 


61 


ment for redress of grievances by petition, address, or re- 
monstrance. 

Sec. 4.— Restriction of Civil and Military Power.— Xo 
power, civil or military, shall ever interfere to prevent the 
free exercise of the right of suffrage by those entitled to 
such right. 

Sec. 5.— Public Money; Cannot be Appropriated for Any 
Church, etc. —Xo public money or property shall ever be 
appropriated, applied, donated, or used, directly or indi¬ 
rectly, for the use, benefit, or support of any sect, church, 
denomination, or system of religion, or for the use, benfit, or 
support of any priest, preacher, minister, or other religious 
teacher or dignitary, or sectarian institution as such. 

Sec. 6.— Courts of Justice Open; Speedy Remedy. —The 

courts of justice of the State shall be open to every person, 
and speedy and certain remedy afforded for every wrong and 
for every injury to person, property, or reputation; and 
right and justice shall be administered without sale, denial, 
delay, or prejudice. 

Sec. 7.—Due Process of Law. —Xo person shall be deprived 
of life, liberty, or property, without due process of law. 

Sec. 8.— All Offenses Bailable Except Capital. —All persons 
shall be bailable by sufficient sureties, except for capital of¬ 
fenses when the proof of guilt is evident, or the presump¬ 
tion thereof is great. 

Sec. 9.— Excessive Bail. —Excessive bail shall not be re¬ 
quired, nor excessive fines imposed, nor cruel or unusual 
punishments inflicted.. 

Sec. 10.—Writ of Habeas Corpus. —The privilege of the 
writ of habeas corpus shall never be suspended by the au¬ 
thorities of this State. 

Sec. 11.—Officers; Personal Attention to Duties. —Every 
person elected or appointed to any office or employment of 
trust or profit under the laws of the State, or under any 
ordinance of any municipality thereof, shall give personal 


62 


Gove:rnme:nt In Oklahoma. 


attention to the duties of the office to which he is elected or 
appointed. 

Sec. 12.—Restriction on Right to Hold Office. —^No mem¬ 
ber of Congress from this State, or person holding any of¬ 
fice of trust or profit under the laws of any other State, or 
of the United States, shall hold any office of trust or profit 
under the laws of this State. 

Sec. 13.—Imprisonment for Debt Prohibited. —Imprison¬ 
ment for debt is prohibited, except for the non-payment of 
fines and penalties imposed for the violation of the law. 

Sec. 14.—Military Subordinate to Civil Authority. —The 

military shall be held in strict subordination to the civil 
authorities. No soldier shall be quartered in any house, in 
time of peace, without the consent of the owner, nor in 
time of war, except in a manner to be prescribed by law. 

Sec. 15.—Ex Post Facto Laws; Contracts. —No bill of at¬ 
tainder, ex post facto law, nor any law impairing the obliga¬ 
tion of contracts, shall ever be passed. No conviction shall 
work a corruption of blood or forfeiture of estate: Pro¬ 
vided, That this provision shall not prohibit the imposition 
of pecuniary penalties. 

Sec. 16.—Treason. —Treason against the State shall consist 
only in levying war against it or in adhering to its enemies, 
giving them aid and comfort. No person shall be convicted 
of treason, unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

Sec. 17.—Indictment; Information; Examining Trial. —No 
person shall be prosecuted criminally in courts of record for 
felony or misdemeanor otherwise than by presentment or in¬ 
dictment or by information. No person shall be prosecuted 
for a felony by information without having had a prelimin¬ 
ary examination before an examining magistrate, or having 
waived such preliminary examination. Prosecutions may be 
instituted in courts not of record upon a duly verified com¬ 
plaint. 


Appendix A. 


63 


Sec. 18.—Grand Jury.—A grand jury shall be composed of 
twelve men, any nine of whom concurring may find an in¬ 
dictment or true bill. A grand jury shall be convened upon 
the order of a judge of a court having the power to try and 
determine felonies, upon his own motion; or such grand jury 
shall be ordered by such judge upon the filing of a petition 
therefor signed by one hundred taxpayers of the county; 
when so assembled such grand jury shall have power to in¬ 
vestigate and return indictments for all character and grades 
of crime, and such other powers as the Legislature may pres¬ 
cribe : Provided, That the Legislature may make the calling 
of a grand jury compulsory. 

Sec. 19.—Petit Jury; Trial.—The right of trial by jury 
shall be and remain inviolate, and a jury for the trial of 
civil and criminal cases in courts of record, other than coun¬ 
ty courts, shall consist of twelve men; but, in county courts 
and courts not of record, a jury shall consist of six men. 
This section shall not be so construed as to prevent limita¬ 
tions being fixed by law upon the right of appeal from judg¬ 
ments of courts not of record in civil cases concerning causes 
of action involving less than twenty dollars. In civil cases, 
and in criminal cases less than felonies, three-fourths of the 
whole number of jurors concurring shall have power to ren¬ 
der a verdict. In all other cases the entire number of jurors 
must concur to render a verdict. In case a verdict is ren¬ 
dered by less than the whole number of jurors, the verdict 
shall be in writing and signed by each juror concurring 
therein. 

Sec. 20.—Criminal Prosecutions; Change of Venue; To 
be Confronted With Witnesses.—In all criminal prosecutions 
the accused shall have the right to a speedy and public trial 
by an impartial jury of the county in which the crime shall 
have been committed: Provided, That the venue may be 
changed to some other county of the State, on the applica¬ 
tion of the accused, in such manner as may be prescribed by 
law. He shall be informed of the nature and cause of the 



64 


Government In Oklahoma. 


accusation against him and have a copy thereof, and be con¬ 
fronted with the witnesses against him, and have compulsory 
process for obtaining witnesses in his behalf. He shall have 
the right to.be heard by himself and counsel; and in capital 
cases, at least two days before the case is called for trial, he 
shall be furnished with a list of the witnesses that will be 
called in chief, to prove the allegations of the indictment or 
information, together with their postoffice addresses. 

Sec. 21.— Evidence Against Oneself; Jeopardy. —No per¬ 
son shall be compelled to give evidence which will tend to 
incriminate him, except as in this Constitution specifically 
provided; nor shall any person, after having been once ac¬ 
quitted by a jury, be again put in jeopardy of life or liberty 
for that of which he has been acquitted. Nor shall any person 
be twice put in jeopardy of life or liberty for the same of¬ 
fense. 

Sec. 22.— Right of Free Speech; Libel. —Every person may 
freely speak, write, or publish his sentiments on all subjects, 
being responsible for the abuse of that right; and no law 
shall be passed to restrain or abridge the liberty of speech 
or of the press. In all criminal prosecutions for libel, the 
truth of the matter alleged to be libelous may be given in 
evidence to the jury, and if it shall appear to the jury that 
the matter charged as libelous be true, and was written or 
published with good motives or for justifiable ends, the party 
shall be acquitted. 

See. 23.— Private Property Not to Be Taken for Private 
Use. —No private property shall be taken or damaged for 
private use, with or without compensation, unless by consent 
of the owner, except for private ways of necessity, or for 
drains and ditches across lands of others for agricultural, 
mining, or sanitary purposes, in such manner as may be pre¬ 
scribed by law. 

Sec. 24.— Private Property; Condemnation; Damages; 
Right of Way. —Private property shall not be taken or dam¬ 
aged for public use without just compensation. Such com- 


Appe^ndix a. 


65 


pensation, irrespective of any benefit from any improve¬ 
ments proposed, shall be ascertained by a board of commis¬ 
sioners of not less than three free-holders, in such manner 
as may be prescribed by law. The commissioners shall not 
be appointed by any judge or court without reasonable no¬ 
tice having been served upon all parties in interest. The 
commissioners shall be selected from the regular jury list of 
names prepared and made as the Legislature shall provide. 
Any party aggrieved shall have the right of appeal, with¬ 
out bond, and trial by jury in a court of record. Until the 
compensation shall be paid to the owner, or into court for 
the owner, the property shall not be disturbed, or the pro¬ 
prietary rights of the owner divested. When possession is 
taken of property condemned for any public use, the owner 
shall be entitled to the immediate receipt of the compensa¬ 
tion awarded, without prejudice to the right of either party 
to prosecute further proceedings for the judicial determin¬ 
ation of the sufficiency or insufficiency of such compensa¬ 
tion. The fee of land taken by common carriers for right of 
way, without the consent of the owner, shall remain in such 
owner subject only to the use for which it is taken. In all 
cases of condemnation of private property for public or 
private use, the determination of the character of the use 
shall be a judicial question. 

Sec. 25.—Contempts; July Trial.— The Legislature shall 
pass laws defining contempts and regulating the proceedings 
and punishment in matters of contempt: Provided, That 
any person accused of violating or disobeying, when not in 
the presence or hearing of the court, or judge sitting as such, 
any order or injunction, or restraints, made or rendered by 
any court or judge of the State shall, before penalty or pun¬ 
ishment is imposed, be entitled to a trial by jury as to the 
guilt or innocence of the accused. In no case shall a penalty 
or punishment be imposed for contempt, until an opportun¬ 
ity to be heard is given. 





66 


Governme:nt In Oklahoma. 


Sec. 26.— Right to bear Arms; Weapons. —The right of a 
citizen to keep and bear arms in defense of his home, person, 
or property, or in aid of the civil power, when thereunto 
legally summoned, shall never be prohibited; but nothing 
herein contained shall prevent the Legislature from regu¬ 
lating the carrying of weapons. 

See. 27.— Evidence; Compelled to Give; Immunity.— 

Any person having knowledge or possession of facts that 
tend to establish the guilt of any other person or corporation 
charged with an offense against the laws of the State, shall 
not be excused from giving testimony or producing evidence, 
when legally called upon to do so; on the ground that it may 
tend to incriminate him under the laws of the State; but no 
person shall be prosecuted or subjected to any penalty or 
forfeiture for or on account of any transaction, matter, or 
thing concerning which he may so terstify or produce evi¬ 
dence. 

Sec. 28.— Records of Corporations Open to Inspection.— 

The records, books, and files of all corporations shall be, at 
all times, liable and subject to the full visitorial and in¬ 
quisitorial powers of the State, notwithstanding the im¬ 
munities and privileges in this Bill of Rights secured to the 
persons, inhabitants, and citizens thereof. 

Sec. 29.— No Person Transported Out of State; Due Pro¬ 
cess of Law. —No person shall be transported out of the 
State for any offense committed within the State, nor shall 
any person be transported out of the State for any purpose, 
without his consent, except by due process of law; but noth¬ 
ing in this provision shall prevent the operation of extradi¬ 
tion laws, or the transporting of persons sentenced for crime, 
to other states for the purpose of incarceration. 

Sec. 30.— Search Warrants and Seizures. —The right of 
the people to be secure in their persons, houses, papers, and 
effects against unreasonable searches or seizures shall not be 
violated; and no warrant shall issue but upon probable 
cause supported by oath or affirmation, describing as par- 


Appendix A. 


67 


ticularly as may be the place to be searched and the person 
or thing to be seized. 

Sec. 31.— State May Engage in Business. —The right of the 
State to engage in any occupation or business for public 
purposes shall not be denied or prohibited, except that the 
State shall not engage in agriculture for any other than edu¬ 
cational and scientific purposes and for the support of its 
penal, charitable, and educational institutions. 

Sec. 32.— Perpetuities and Monopolies Prohibited. —Per¬ 
petuities and monopolies are contrary to the genius of a free 
government, and shall never be allowed, nor shall the law 
of primogeniture or entailments ever be in force in this 
state. 

Sec. 33.— Enumeration of Rights No Denial of Others.— 
The enumeration in this Constitution of certain rights shall 
not be construed to deny, impair, or disparage others re¬ 
tained by the people. 

NATIONAL BILL OF RIGHTS 

(First Ten Amendments to the Consti¬ 
tution of the United States) 

ARTICLE I 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridg¬ 
ing the freedom of speech, or of the press; or the right of 
the people peaceably to assemble, and to petition the gov¬ 
ernment for a redress of grievances. 

ARTICLE II 

A well regulated militia, being necessary to the security 
of a free State, the right of the people to keep and bear 
arms, shall not be infringed. 

ARTICLE III 

No soldier shall, in time of peace, be quartered m any 
house, without the consent of the owner, nor in time of war, 
but in a manner to be prescribed by law. 





68 


Gove:rnment In Oklahoma. 


ARTICLE IV 

The right of the people to be secure in their persons, 
houses, papers, and efforts, against unreasonable searches 
and seizures, shall not be violated, and no warrants shall 
issue, but upon probable cause, supported by.oath or affirm¬ 
ation, and particularly describing the place to be searched, 
and the persons or things to be seized. 

ARTICLE V 

No person shall be held to answer for a capital, or other¬ 
wise infamous crime, unless on a presentment or indictment 
of a grand jury, except in cases arising in the land or naval 
forces, or in the militia, when in actual service in time of 
war or public danger; nor shall any person be subject for the 
same offense to be twice put in jeopardy of life or limb; nor 
shall be compelled in an criminal case to be a witness against 
himself, nor be deprived of life, liberty, or property, with¬ 
out due process of law; nor shall private property be taken 
for public use without just compensation. 

ARTICLE VI 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime shall have been 
committed, which district shall have been previously ascer¬ 
tained by law, and to be informed of the nature and cause 
of the accusation; to be confronted with the witnesses 
against him; to have compulsory process for obtaining wit¬ 
nesses in his favor, and to have the assistance of counsel for 
his defense. 

ARTICLE VII 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall 
be preserved, and no fact tried by a jury shall be otherwise 
re-examined in any court of the United States, than accord¬ 
ing to the rules of the common law. 


Appendix A. 


69 


ARTICLE VIII 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX 

The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others retained 
by the people. 

ARTICLE X 

The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved 
to the States respectively, or to the people. 




President Woodrow Wilson 





APPENDIX B 


UNITED STATES POST OFFICE. 
POSTAL INFORMATION. 


PREPARATION FOR MAILING. 

Use ink in addressing all mail matter. 

Envelopes of weak or unsubstantial paper should not be used. 
Mail is handled often and subjected to pressure and friction in the 
mail bags, and frequently is delivered from moving trains; hence, if 
not enclosed in strong envelopes it may be damaged. It is recommend¬ 
ed that stamped envelopes, on sale at all post-offices, be used. 

Address. Write plainly the name of the person addressed, street 
and number, or number of rural route, post-office and State in full. 
When the name of the State is abbreviated, frequently Va. and Pa., 
Md. and Ind., Colo, and Cal., Miss, and Minn., and others are confused 
and mail missent, as post-offices of the same name are located in sev¬ 
eral different States. Mail intended for persons temporarily sojourn¬ 
ing in a city and to be delivered through the general delivery should 
be marked ‘‘General Delivery.’’ The words “Personal” or “To be 
called for,” and other directions for transmittal, delivery, forwarding 
or return of mail matter, are deemed part of the address. 

Sender’s Name and Address. The sender’s name and address 
should be placed in the upper left-hand corner of the envelope or wrap¬ 
per to insure return of mail if not delivered. 

Postage Stamps. Postage stamps should be securely affixed upon 
the upper right-hand corner of the address side. When two or more 
stamps are used, care should be taken that one does not overlap an¬ 
other. 

Avoid Delay by depositing mail as soon as it is ready, thus in¬ 
suring prompt dispatch. Much mail is deposited just at the close of 
the business day, and frequently such congestion follows that all of it 
can not be distributed in time to be given the first dispatch. 






Government In Oklahoma. 

MODEL FORMS OF ADDRESS. 


After — days return to 
JOHN C. SMITH 
146 State St. 
Wilkesville, N. Y. 


Stamp 


MR. FRANK B. JONES 

2416 Front Street, 
OSWEGO, 

OHIO. 


After — days return to 
JOHN C. SMITH, 
Rural Route No. 1 
Wilkesville, N. Y. 


Stamp 


MR. FRANK B. JONES, 

Rural Route No. 3, 
OSWEGO, 

OHIO, 















Appe:ndix B 


73 


DOMESTIC MAIL MATTER. 


RATES OF POSTAGE. 

First-class. Letters and other matter, wholly or partly in writing, 
and matter sealed or otherwise closed against inspection, 2 cents for 
each ounce or fraction thereof. 

Post cards and postal cards, 1 cent each. 

“Drop letters,” 1 cent for each ounce or fraction thereof when 
mailed at post-oifices w'here letter carrier service is not established 
and at offices where patrons can not be served by rural or star route 
carriers. 

A “drop-letter” is one addressed for delivery at the office where 
mailed. Letters deposited in boxes along a rural route or star route 
are subject to postage at the rate of 2 cents an ounce or fraction there¬ 
of. There is no drop rate on mail other than letters. 

Second-class—Unsealed. Newspapers and periodical publications 
of the second class, when sent by others than the publisher or a news 
agent, one cent for each four ounces or fraction thereof, on each sep¬ 
arately addressed copy or package of unaddressed copies, to be prepaid 
by stamps affixed. 

To be entitled to the rate of 1 cent for four ounces, copies of news¬ 
papers or periodical publications must be complete. Partial or incom¬ 
plete copies are third-class matter. 

Third-class—Unsealed. Printed matter, 1 cent for each two 
ounces or fraction thereof, on each individually addressed piece or 
parcel. 

Fourth-class—Unsealed. Merchandise, 1 cent for each ounce or 
fraction thereof, on each individually addressed piece or parcel, except 
seeds, bulbs, roots, scions, and plants, on which the rate is 1 cent for 
each two ounces or fraction thereof. 

Concealed Matter. Matter of a higher class enclosed with matter 
of a lower class subjects the whole package to the higher rate. 

For knowingly concealing or enclosing any matter of a higher 
class in that of a lower class, and depositing or causing the same to be 
deposited in the mails, at a less rate than would be charged for such 
higher-class matter, the offender is liable to a fine of not more than 
One hundred dollars. 


SPECIAL DELIVERY SERVICE. 

Special delivery service is the prompt delivery of mail by messen¬ 
ger during prescribed hours to persons who reside within the carrier 
limits of city delivery offices, to patrons of rural service who reside 
more than one mile from post-offices but within one-half mile of rural 
routes, and to residents within one mile of any post-office. Special 
delivery mail is not expedited in transit between post-offices. 

How Obtained. This service is obtained by placing on any letter 
or article of mail a special delivery stamp or ten cents worth of or¬ 
dinary stamps in addition to the lawful postage. When ordinary 
stamps are used the wmrds “Special Delivery” must be placed on the 
envelope or wrapper, directly under but never on the stamps; other- 






74 


Government In Oklahoma. 


wise the letter or article will not be accorded special delivery service. 

Hours of Delivery. From 7 a. m. to 11 p. mp at city delivery 
offices, and from 7 a. m. to 7 p. m. at all other offices, or until after 
the arrival of the last mail, provided that be not later than 9 p. m. 
Special delivery mail is delivered on Sundays and holidays as well as 
other days, if the post-office receives mail on Sundays. 

One Delivery Only Attempted. When special delivery mail can 
not be delivered for the reason that no one is present to receive it or 
for other cause, notice is left at the place of address and the mail 
returned to the post-office, and it is thereafter treated in all respects 
as ordinary mail. 

Forwarding. Special delivery mail may be forwarded under the 
same rules as ordinary mail, and is then entitled to special delivery 
service unless an attempt was made to effect delivery at the office of 
original address. 

Does Not Insure Unusual Safety. When it is desired to send 
money or other valuables by special delivery the matter should also 
be registered. A special delivery stamp does not insure unusual safety. 


REGISTRY SYSTEM. 

Object. The registry system provides greater security for val¬ 
uable mail matter, which is accomplished by records, receipts and other 
safeguards in the course of handling and the exercise of special care 
in delivery. Registered mails reach every post-office in the world. 

What Matter Should be Registered. All valuable letters and par¬ 
cels, and others of no intrinsic value, for which a return receipt is^ 
desired or special care in delivery is essential, should be rebistered. 

What Matter May be Registered—Where, and by Whom.. Any 
matter admissable to the domestic mails or to the Postal Union mails 
(except “Parcel Post” packages for Barbados, Dutch Guiana, France, 
Great Britain, the Netherlands and Uruguay) may be registered. 
“Parcels Post” mail must be taken to the post-office and handed to 
the post-master or other official in charge to be registered, but any 
other class of mail, domestic or foreign, may be registered at any post- 
office or post-office station, by any rural carrier, and when sealed and 
not cumbersome on account of size, shape, or weight, by city carriers 
in residential districts. 

Fee. The registry fee is 10 cents for each separate letter or par¬ 
cel, in addition to the postage, either foreign or domestic, both postage 
and fee to be fully prepaid.. 

Registry Stamp. A registry stamp, specially designed for the 
purpose, which is not valid in payment of postage, should be used to 
prepay the registry fee, but ordinary postage stamps may also be used 
for this purpose. 

Return Receipts. When an acknowledgment of delivery is desired, 
the envelope or wrapper of the registered article should be indorsed 
on the address side, by the sender, “Receipt Desired,” or with w^ords 
of similar import. 

Requirements for Registration of Mail. In order to have a letter 
or parcel registered it must bear in serviceable stamps the necessary 
postage and registry fee (or money sufficient therefor must be handed 
to the carrier if registration be by carrier), and must be legibly and 



Appendix B 


75 


correctly addressed (with pen and ink if addressed to a 
foreign country), and bear the name and address of the sender. 
The envelope or wrapper must be sufficiently strong to carry the con¬ 
tents in the mails without breaking under ordinary conditions of 
handling. The article should be handed to the post-master, clerk or 
carrier, who wdll issue a receipt therefor to the sender. Any article 
intended to be sent in the registered mails should not be placed in a 
street letter box or in a mail drop at the post-office. Firm registration 
books are supplied without cost to those registering large quantities of 
mail who desire to keep their own record of registrations. All matter 
registered as first-class must be securely sealed. 

Delivery of Registered Mail. Before mailing, the sender of reg¬ 
istered mail may restrict its delivery to the addressee or on his written 
order, by indorsing thereon ‘‘Deliver to Addressee Only,’^ except when 
addressed to certain public officials. The words “Personal’’ and 
“Private” do not restrict delivery. Special delivery of registered 
mail may be secured by affixing a special delivery stamp in addition 
to the registry stamp. 

After mailing, the sender of registered mail may restrict its de¬ 
livery to such person other than the addressee as he may direct in a 
written order verified by the mailing post-master. 

The addressee of registered mail may restrict its delivery by 
filing at the post-office of address directions in writing stating to 
whom delivery should be made. 

Registered mail, the delivery of which has not been restricted by 
either the sender or addressee, may be delivered to any responsible 
person to whom the addressee’s ordinary mail is customarily delivered. 

Delivery by Carriers. City letter carriers deliver registered mat¬ 
ter at the residence or place of business of addressee, and rural car¬ 
riers do likewise, unless the residence of place of business is more than 
one-half mile from a rural route, in which event the rural carrier 
leaves a registry notice for the addressee in the rural mail box if de¬ 
livery can not be effected at the box or on the route. The addressee, 
or his authorized representative, may then receive the mail at the box 
on the carrier’s next trip or call for it at the post-office. 

Delivery in Foreign Countries. Registered articles addressed to 
foreign countries are delivered according to the rules of the countries 
of address. 

Undelivered Registered Mail. Undelivered domestic registered 
mail of the first class, and such mail of all classes of foreign origin, 
is returned to the sender without extra charge for registry fee or pos¬ 
tage at the expiration of the period appropriate in each case. Extra 
postage (not the fee) is required for the return of other matter. 

Forwarding. Registered mail may be forwarded before it has been 
once properly delivered without additional charge for registry fee up¬ 
on the written request of the sender, through the mailing post-master, 
or of any person to whom it is deliverable—first class domestic, and 
all foreign, registered matter immediately and without extra charge, 
other (second, third and fourth class domestic) matter, upon prepay¬ 
ment of postage chargable by law for forwarding. 

Recall of Registered Mail. When the sender of registered mail 
desires to reclaim or recall it at any time before delivery, application 
for this purpose must be made to the mailing post-master. 



76 


Govkrnment In Oklahoma. 


Identification. Persons applying or inquiring for registered mail, 
as senders or addressees or their authorized representatives, will if 
unknown be required to establish their identity satisfactorily before 
registered mail or information concerning it is given them. 

Indemnity for Loss of Registered Mail. Indemnity will be paid 
on account of the loss of registered mail in the postal service. 

Domestic Indemnity. (1) For the value of domestic registered 
mail of the first class (sealed) up to $50, and (2) for the value of 
domestic registered mail of the third and fourth classes (unsealed) 
up to $25. 

Application for Indemnity. Reports of losses and application for 
indemnity should be made to the post-master at the office of mailing, 
or at the office of address, with particulars of registration and a 
description of the contents of the article, and in cases of partial loss 
or rifling with the envelope or wrapper of the article. 


MONEY ORDER SYSTEM. 

Advantages of the System. The postal money order system offers 
to the public a safe, cheap and convenient method of making remit¬ 
tances by mail. Money can be sent without danger of loss at low 
rates to all parts of the United States and its possessions, as well as 
foreign countries, by means of money orders. It is recommended that 
postal money orders be used whenever available instead of cash for 
remittances by mail, and that when money orders are not available 
the money be sent by registered mail. The Department requires the 
transaction of money order business at all post-offices where practic¬ 
able. Postmasters are not required to transact money order business 
on Sunday. 

Application for Money Orders. A money order is obtained by 
filling in an application form at the post-office and presenting it at 
the money order window of the post-office or one of its stations. Mon¬ 
ey orders are issued for any desired amount from 1 cent to one hun¬ 
dred dollars, and when a larger sum than one hundred dollars is to be 
sent additional orders may be obtained. There is no limit to the num¬ 
ber of money orders which may be sent by one remitter in one day to 
the same person. If the applicant for a money order resides on a rural 
route, application may be made through the rural carrier, who will 
furnish the necessary forms, and must give a receipt for the amount. 

International Money Orders. At all of the larger post-offices and 
at many of the smaller ones international money orders may be ob¬ 
tained payable in almost any jiart of the world. 

Fees for money orders payable in the United States (which in¬ 
cludes Hawaii and Porto Rico) and its possessions, comprising the 
Canal Zone (Isthmus of Panama), Guam, the Philippines, and Tutuila, 
Samoa; also for orders payable in Bermuda, British Guiana, British 
Honduras, Canada, Cuba, Mexico, Newfoundland, at the United States 
Postal Agency at Shanghai (China), in the Bahama Islands and in 
certain other islands in the West Indies: 



Appe:ndix B 


7r 


For orders from $ 0.01 to $ 2.50_3 cents 

from $ 2.51 to $ 5.00_ 5 cents 

from $ 5.01 to $ 10.00_ 8 cents 

from $10.01 to $ 20.00_10 cents 

from $20.01 to $ 30.00_12 cents 

from $30.01 to $ 40.00_15 cents 

from $40.01 to $ 50.00_18 cents 

from $50.01 to $ 60.00_20 cents 

from $60.01 to $ 75.00_25 cents 

from $75.01 to $100.00_30 cents 


Payment.. A money order will be paid to the person named there¬ 
in, or his indorsee, or his agent or attorney, upon his written order. 

A money order drawn in favor of a person residing on a rural route 
may be paid through the carrier if entrusted to him for collection, 
with a written request addressed to the postmaster that payment be 
60 made. 

Repayment. A domestic order may be repaid at the office of issue 
within one year from the last day of the month of its issue. Repay¬ 
ment of the amount of an international order may also be effected 
after the consent of the country drawn on has been obtained. 

Identification. The person presenting a money order for payment, 
or making inquiry relative to a money order, will, if unknown, be re¬ 
quired to prove his identity before payment will be made, or informa¬ 
tion concerning the money order will be given. 

Indorsements. More than one indorsement on a money order is 
prohibited by law, but additional signatures may be affixed for the 
purpose of identifying the payee or indorsee, or of guaranteeing his 
signature. 

Invalid Orders. A domestic order which has not been paid within 
one year from the last day of the month of its issue is invalid, but the 
owner may secure payment of the amount by making application to 
the Post-Office Department through the postmaster at any money 
order office. 

Lost Orders. When a domestic money order has been lost, the 
owner may, upon application through either the office at which the 
original was issued or the office on which it was drawn, obtain, without 
charge, a duplicate to be issued in its stead within one year from the 
last day of the month of issue. 


POSTAL SAVINGS SYSTEM. 

Object. The Postal Savings System provides facilities for de¬ 
positing savings at interest with the security of the United States 
Government for repayment. 

Deposits. Any person of the age of ten years or over may be¬ 
come a depositor. The account of a married woman is free from any 
control or interference of her husband. No person can have more than 
one account at the same time. 

An account can not be opened for less than $1, nor can fractions 
of $1 be deposited or withdrawn except as interest; but amounts less 
than $1 may be saved for deposit by the purchase of 10-cent postal- 
savings cards and adhesive 10-cent postal-savings stamps. No person 
is permitted to deposit more than $100 in any one calendar month nor 













78 


Government In Oklahoma. 


to have a total balance to his credit at one time of more than $500, 
exclusive of interest. 

Privacy of Accounts. No person connected with the Post-office 
Department or the postal service is permitted to disclose the name of 
any depositor or give any information concerning an account except 
to the depositor himself, unless directed to do so by the Postmaster 
General. 

Certificates. Depositors receive postal-savings certificates cover¬ 
ing the amount of each deposit made. These certificates are valid until 
paid, without limitation as to time. Postmasters are not permitted to 
receive saving certificates for safe-keeping. 

Interest. Interest will be allowed on all certificates at the rate of 
two per cent for each full year that the money remains on deposit, 
begining with the first day of the month following the one in which 
it is deposited. Interest continues to accrue on deposit as long as the 
certificates remain outstanding. 

Withdrawals. A depositor may at any time withdraw the whole 
or any part of his deposit, with any interest payable, by surrendering 
at his depository office savings certificates covering the desired 
amount. 

Death of Depositor. Upon the death of a depositor, the balance 
to his credit may be withdrawn by his duly authorized executor, ad¬ 
ministrator, or other legal representative. 

Bonds. Any depositor may, under certain conditions, convert the 
whole or part of his deposits, in any multiple of $20 up to and includ¬ 
ing $500, into United States coupon or registered bonds, bearing in¬ 
terest at the rate of 2% per cent per annum, such bonds to be exempt 
from all taxes or duties of the United States, as well as from taxation 
in any form by or under State, municipal, or local authorities. Postal- 
savings bonds are not counted as part of the total balance of $500 
allowed to one depositor. 

Service Free. No charge or fee is collected or required in con¬ 
nection with the opening of an account or the withdrawal of money 
deposited. 


PARCEL POST 

The parcels post law which became effective January 1, 1913, 
provides: 

“That fourth-class mail matter shall embrace all other matter. 
Including farm and factory products, not now embraced by law in 
either the first, second, or third class, not exceeding eleven pounds in 
weight, nor greater in size than seventy-two inches in length and girth 
combined, nor in form or kind likely to injure the person of any postal 
employee or damage the mail equipment or other mail matter and not 
of a character perishable within a period reasonably required for 
transportation and delivery. 

For the purpose of carrying this law into effect the United States 
is divided into zones with different rates of postage applicable to each, 
as follows: 



Appendix B 


70 


Weight. 

1st zone. 
Local rate. 

Zone rate, 

50 miles. 

2d zone, 

50 to 150 

miles. Eate. 

3d zone, 

150 to 300 

miles. Eate. 

4th zone, 

300 to 600 

miles. Eate. 

5th zone, 

600 to 1,000 

miles. Eate. 

6th zone, 

1000 to 1400 

miles. Eate. 

7th zone, 

1400 to 1800 

miles. Eate. 

1 

8th zone, 

all over 1800 

1 pound— 

$0.05 

$0.05 

$0.06 

$0.07 

$0.08 

$0.09 

$0.10 

$0.11 

$0. 

2 pounds.. 

.06 

.08 

.10 

.12 

.14 

.16 

.19 

.21 


3 pounds.. 

.07 

.11 

.14 

.17 

.20 

.23 

.28 

.31 


4 pounds.. 

.08 

.14 

.18 

.22 

.26 

.30 

.37 

.41 


5 pounds.- 

.09 

.17 

.22 

.27 

.32 

.37 

.46 

.51 


6 pounds.. 

.10 

.20 

.26 

.32 

.38 

.44 

.55 

.61 


7 pounds.. 

.11 

.23 

.30 

.37 

.44 

.51 

.64 

.71 


8 pounds.. 

.12 

.26 

.34 

.42 

.50 

.58 

.73 

.81 


9 pounds.. 

.13 

.29 

.38 

.47 

.56 

.65 

.82 

.91 

1 . 

10 pounds.. 

.14 

.32 

.42 

.52 

.62 

.72 

.91 

1.01 

1. 

11 pounds.. 

.15 

.35 

.46 

.57 

.68 

.79 

1.00 

1.11 

1. 


The local rate is applicable to parcels intended for delivery at the 
office of mailing or on a rural route starting therefrom. 

The rate on parcels weighing four ounces or less is one cent per 
ounce for any distance. 

The local rate is applicable to parcels intended for delivery at 
the office of mailig or on a rural route starting therefrom. - 

The weight on parcels weighing four ounces of less is one cent 
per ounce for any distance. 


6 

w 

03 

<o 

,12 

.24 

,36 

,48 

,60 

,72 

,84 

,96 

,08 

,20 

,32 
















GENERAL INDEX 


Note to Teacher:—The figures refer to pages in the text; the 
Eomaii numerals refer to articles in the Oklahoma Constitution, and 
these are followed by figures indicating the sections of the articles 
named. All reference to the Constitution or to the statutes of the 
State are enclosed in parentheses. 


Added territory, city school districts- 11 

Adjutant General - 35 

Ad valorem taxes - 42 

Agricultural Colleges, - 34 

Agriculture, Secretary of (National) - 51 

Agriculture, State Board of (Art. IX, Sec. 5.)- 33 

Aliens - 7 

Amendments to the State Constitution,_28-38 

Animal Industry,_34-51 

Annual School Meetings,-10-12 

Appendix A _ 60 

Appendix B,- 71 

Appointments, President ’s Power,_50-51 

Governor’s Power,-30-31 

Of Officers in Cities,- 18 

Apportionment of school funds,_ 10 

Articles of Confederation,_ 47 

Assessments, - 42 

Assessor, County,_ 23 

Attendance, compulsory,- 10 

Attorney General, U. S_ 51 

State, - 32 

Attorney, county, - 23 

Auditor, state, - 32 

Bill of Rights, National, _67-69 

State, -27-60-67 

Boards, county. 

Commissioners, _ 24 

Election, - 45 

Excise, - 24 

Boards, state. 

Affairs, Public, _ 34 

Agriculture, _ 33 

Banking, _ 34 

Education _ 34 

Election, - 45 

Equalization, - 42 

Boards, Percinct Election, - 45 










































Generai, Index • 81 

Boards, Township, Trustees, _ 14 

Bonds, United States,_ 54 

Bureaus, National, _ 51 

Cabinet of President,_ 51 

Chief Mine Inspector, State,_ 33 

Circuit Courts of Appeals,_ 58 

Cities, 

Attorney, - 18 

Charter,-19-20 

Clerk, - 18 

Commission form of Government _19-20 

Marshal _ 18 

Police,-18-19 

Street Commissioner, _ 18 

Treasurer, _ 18 

Citizenship, _ 7 

Civil Service, - 50 ‘ 

Clerk, County, - 23 

Clerk, District Court, - 24 

Commission form of government, __19-20 

Commission, State Corporation (Art. IX) _ 33 

Commissioner. 

Charities and Corrections, _ 32 

Health, _ 35 

Highways, - 35 

Insurance, - 32 

X^abor, - 32 

Street, - 18 

Commissioners, 

County, _ 24 

Land Office, _ 33 

Congress, 

Committees in, - 54 

Houses, _ 53 

Powers, _54-56 

Prohibitions, - 56 

Sessions, _ 53 

Congressional Townships, -13-14 

Constable,- 19 

Constitution, 

National, - 47-49 

State, - -.27-29 

Constitutional Convention, - 27 

Continental Congress,- 47 

Corporations, - 33 

Counties, (Art. XVII) _22-25 

Courts, 

County,_ 22-24 

Justice, - 19 

Municipal - 19 

National, - 58 

State,- 40 

Criminal Court of Appeals, - 41 

Debts, Public, limit of- 42 


















































82 


Government In Oklahoma. 


Declaration of Independence, - 47 

Education, Boards of 

City, _ 11-12 

District, - 9 

State,- 34 

Education, State system (Art. XIII)-32-34 

United States Commissioner,- 51 

Eleemosynary Institutions, -- 25 

Election, 

Ballot, - 45 

Boards, _ 45 

Eegistration, - 44 

School, _ 9-12 

State, _27-41 

Equalization Boards, _ 42 

Examiner and Inspector, State.- _31-32 

Excise Board, County_ 24 

Executive Department, 

National, _50-52 

State, _ 30-36 

Family group, _ 2 

Fellow Servant Law, . 29 

Fire Marshall,- 35 

Game Warden, _ 35 

jrovernment, _ 5-6 

Family, _ 9 

Federal, _ 48 

Local,_ 5-7 

National, -50-59 

Nature, of - 1-8 

Need of - 5 

School, _9-12 

State, _27-41 

Township, _12-16 

Governor, Powers and Duties,_ 30 

Habeas corpus, writ of (Art. II, Sec. 10)_ 29 

Health, State Commissioner of,- 35 

Highway Commissioner, State _ 35 

House of Eepresentatives, 

National, _ 53 

State,- 38 

Impeachment, 

National, _ 58 

State, - 40 

Initiative and Eeferendum, _19-37 

Insurance Commissioner, State,_ 32 

Judges of Supreme Court, 

National, - 58 

State, _ 40 

Judicial Department, 

National, -58-59 

State, _ 40-41 

Justice of the Peace, -14-19 

Juvenile Courts, - 22 

















































Gendrai, Index 


83 


Labor, Commissioner of State, _ 32 

Land Office, State Comissioners of_ 33 

Land Survey, _13-16 

Library of Congress, _ 52 

Library, .School, _ 10 

Lieutenant Governor, _ 31 

Light House Service, _ 52 

Liquor, Sale of in Indian Territory,_ 28 

Local Government, _9-25 

Marshal, City, _ 18 

Mayor, _ 18 

Membership in groups, _^_ 5 

Mine Inspectors, State, _ 33 

Municipal Township, _ 15 

Navy, Secretary of_ 51 

Normal Schools, _ 34 

Officials, 

City, _,_17-20 

County, _ 22-25 

National, _50-52 

School "District, -9-12 

State, _30-35 

Oklahoma Constitution, -27-29-; 60-67 

Pardons, Power of 

Governor, _ 30 

Mayor, - 18 

President, - 50 

Personal Eights, -2; 60-70 

Political Eights, -1--— 7; 60-70 

Presidential Succession Law, - '48 

Primary Elections, Mandatory, _ 44 

Prohibition, - 28 

Public Instruction, Superintendent of 

City, - 12 

County, - 23 

State, _ 32 

Public Health Commissioner, State, - 35 

Public Schools, 

Annual meeting, - 10 

City districts, -11-12 

Compulsory attendance, - 10 

Consolidation, _ 10 

County Superintendent, - 23 

District Officers,- 9 

State Superintendent, - 32 

Eeferendum, -19-37 

Eegister of Deeds, county, - 23 

Eeligious Toleration, - 28 

Eepresentatives, House of 

National, - 53 

State, - 38 

Eevenue and Taxation (Art. X Sec. 1 to 30)-42-43 

Eoad Overseer,--- 

School Funds, - 10 



















































84 


Government In Oklahoma. 


Seal, State,- 31 

Secretary of State, - 31 

Senate, 

National, - 53 

State, _37-38 

Separate School, _ 9 

Sheriff, _ 23 

Speaker of the House, 

National, - 53 

State. _ 38 

Suffrage and Elections _44-46 

Superintendent of Public Instruction 

County, - 23 

State, - 32 

Superior Court, County, _ 24 

Supreme Court, 

National, _ 58 

State, - 40 

Surveyor, County,_ 23 

Taxes, -42-43 

Taxes, School, - 10 

Treasurer, 

City, _'_ 18 

City school district, - 12 

County, _ 23 

School district, _ 9 

State, - 32 

Treasury Department of National,_ 51 

University of Oklahoma (Art. XI, Sec. 5)_ 6 

A^eto power. 

Governor, _ 30 

President,_ 50 

A'ice President,_ 52 

AVarden, Game and Fish, _ 35 

AVeather Bureau, - 51 

AVeigher, County, - 24 

AVeights and Measures, _ 54 

AVrit of Habeas Corpus, _ 29 







































^ r 























